Two different payments make up NHS maternity pay — Occupational Maternity Pay (OMP) from your Trust and Statutory Maternity Pay (SMP) from HMRC — and each has its own eligibility test, checked at a different point in your pregnancy.
For the full pay breakdown by phase, see the NHS Maternity Pay Calculator.
It's entirely possible to qualify for one of these and not the other, because they're assessed differently.
| OMP (Occupational) | SMP (Statutory) | |
|---|---|---|
| Funded by | Your NHS Trust | HMRC |
| Service required | 12 months continuous NHS service | 26 weeks with your current employer |
| Counted across Trusts? | Yes — cumulative NHS-wide | No — current employer only |
| Checkpoint | Start of the 11th week before EWC | End of the qualifying week (15th week before EWC) |
| Earnings test | None | Average weekly earnings ≥ £129 (2026/27 LEL) |
| Repayable if you don't return? | Yes, in some circumstances (see below) | Never |
EWC stands for Expected Week of Childbirth, the Sunday-to-Saturday week containing your due date. The "qualifying week" is the 15th week before that, and it's the specific week your employer checks your SMP eligibility against.
To qualify for occupational maternity pay, you need 12 months' continuous NHS service by the start of the 11th week before your expected week of childbirth.
This is counted across any NHS Trust or employer, not just your current one, provided there's been no break in your service. Moving from one Trust to another, or even taking on a different role within the same Trust, doesn't reset this clock as long as you moved straight across without a gap in employment.
A genuinely common scenario: if you're on a funded training placement or secondment where you remain employed throughout — often by the Trust funding the course — that period generally still counts as continuous service. Training contracts can occasionally include specific clauses affecting this, so it's worth checking your contract and confirming directly with HR if you're in this situation, rather than assuming either way.
Trusts apply the 12-month cutoff strictly. There is little to no flexibility for being a few days short, even if your due date later moves. Don't assume leniency here — if your dates are close to the cutoff, it's worth raising it with HR as early as possible rather than after the fact.
To qualify for statutory maternity pay, you need:
Unlike OMP, the SMP service test is against your current employer specifically — not cumulative NHS service. This is the detail that catches people out most often: you can have years of NHS service overall and still not qualify for SMP if you've recently changed employer and haven't yet reached 26 weeks with them, even though you may already qualify for OMP through your combined service.
If you don't meet the SMP threshold, you may still be eligible for Maternity Allowance through the Department for Work and Pensions instead; see gov.uk/maternity-allowance for eligibility and how to apply.
This is the area with the most misinformation, including some misleading wording that circulates even on official-looking NHS letters and forum advice. Here's the accurate version.
If you don't return to NHS employment within 15 months of the start of your maternity leave, you may be liable to repay the OMP element of your maternity pay. Your employer has discretion to waive this where enforcing it would cause undue hardship or distress.
A few details that are frequently misunderstood:
Will I have to repay maternity pay if I move to a different NHS trust?
No. The 15-month rule is about leaving NHS employment altogether, not about which Trust you return to. If you return to work for any NHS employer within 15 months of your leave starting — even a completely different Trust to the one that paid your maternity pay — you remain protected from repayment. This applies even though OMP itself is administered and paid at the Trust level.
For the practical impact of this on your monthly pay if you've chosen to spread your OMP, see how spread payments work on the main calculator page.
Bank staff without a substantive NHS contract are not eligible for OMP — only SMP, and only if they meet the standard SMP tests above (26 weeks' continuous service with the bank employer, and average weekly earnings at or above £129/week).
If you hold both a substantive contract and a separate bank contract with the same Trust, these are treated as separate contracts under their own terms — your substantive role's service and eligibility don't automatically extend to your bank work, and vice versa.
Use the "Bank Staff" toggle in the calculator to switch to SMP-only mode and see your figures.
OMP requires 12 months' continuous NHS service, counted across any Trust or employer, checked at the start of the 11th week before your due date. SMP requires 26 weeks' continuous service with your current employer, specifically, checked at the end of the qualifying week, plus average weekly earnings of at least £129. They're separate tests, and it's possible to qualify for one without the other.
No, provided there's no break in your service. Continuous NHS service for OMP eligibility purposes counts cumulatively across different Trusts and employers, not just time spent in your current role.
The qualifying week is the 15th week before your expected week of childbirth. Your SMP eligibility, including your 26-week continuous service requirement and your average weekly earnings, is assessed against this specific week.
You may need to repay the OMP element only if you don't return to NHS employment within 15 months of your leave starting. SMP is never repayable, regardless of whether or when you return to work.
No. As long as you return to work for any NHS employer within 15 months of starting your leave, you're not liable to repay your OMP, even if it's a different Trust to the one that originally paid you.
Bank staff are not eligible for OMP, the Trust-funded element. They may still qualify for SMP if they have 26 weeks' continuous service with the bank employer and average weekly earnings of at least £129.
You may be eligible for maternity allowance through the Department for Work and Pensions. Visit gov.uk/maternity-allowance to check your eligibility and apply.
Generally yes, provided you remain continuously employed throughout the course, often by the Trust funding it. Some training contracts include specific clauses that could affect this, so check your contract and confirm directly with HR if you're unsure.