Claiming compensation for a personal injury, Help for victims of rape and sexual violence, Keeping your family in the UK after Brexit, Getting a visa for your spouse or partner, Discrimination in health and care services. An employee will qualify for Statutory Maternity Pay (SMP) for a period of 39 weeks if she: Statutory Maternity Leave; Circumstances that could change your SMP start date Maternity pay lasts for 39 weeks but maternity leave lasts for 52 weeks (the last 13 weeks is usually unpaid). We use cookies to improve your experience of our website. Contact your nearest Citizens Advice if you want to do some extra work but you’re not sure how it will affect your maternity pay. So even if you’re not sure about returning, it’s still worth claiming. The Family Medical Leave Act protects your job when you go on leave, but it doesn’t guarantee you’ll get paid. It can work out Statutory Maternity Pay (SMP), Enhanced Maternity Pay or Maternity Allowance and provides a monthly net pay amount after deducting your tax, national insurance, pension … It simply is not the case. Reasonable time off must be provided for antenatal care The employee has the right to return to either their original job or offered a suitable alternative Advice for people affected by child abuse. If your employer tries to cut your hours to reduce your maternity pay, this is discrimination. Usually working for a second employer will end your maternity pay. HM Revenue & Customs has a helpline for employers on statutory pay: 0300 200 3200 and employees: 0300 200 3500. Monday to Friday, 8am to 6pm, Saturday, Sunday and Bank Holidays, closed. You can find out more or opt-out from some cookies, Coronavirus – check what benefits you can get, Coronavirus – getting benefits if you’re self-isolating, Coronavirus – check if there are changes to your benefits, Coronavirus - being furloughed if you can’t work, Coronavirus - if you have problems getting your furlough pay, Coronavirus - if you're worried about working, Coronavirus - if you need to be off work to care for someone, Template letter to raise a grievance at work, If you can’t pay your bills because of coronavirus, If you want a refund because of coronavirus, Coronavirus - if you have problems with renting, Renting from the council or a housing association, Living together, marriage and civil partnership. The first six weeks are paid at 90% of their average weekly earnings and for the following 33 weeks, employees are paid a maximum of £148.68 a week. Your partner must apply to their own employer. To claim Statutory Maternity Leave and Pay, you must tell your employer you’re going on maternity leave and requesting maternity at least 15 weeks before the baby’s due date. any other employee benefits (e.g. enquiries@maps.org.uk. You must: New eligible parents can share up to 50 weeks’ parental leave and 37 weeks’ pay with their partner. Statutory maternity pay can last 39 weeks, but it will end sooner if you go back to work before then. The Maternity Pay Calculator shows your monthly take home pay while on maternity leave. You will be eligible for any Occupational Sick Pay. 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It’s paid in the same way as your normal wages with tax and National Insurance deducted at source But if you resign after the end of your maternity leave, you should work your notice unless you have agreed to take annual leave or you need to take sick leave. Your maternity pay starts on the same day as your maternity leave. Our general email address is If your employer doesn’t think they need to give you maternity pay, or you feel they’re not paying the right amount: Sorry, web chat is only available on You’ll lose the whole week’s maternity pay for any week when you work an extra keeping in touch day. have worked for your employer for 26 weeks when you reach the 15th week before your due date. Finally full term! These are days when you work for your employer while you’re getting maternity pay or Maternity Allowance. While my company, by law, according to the Family and Medical Leave Act, was required to allow me a full 12 weeks of leave, it had no obligation to pay … Going back to work or starting a new job will normally end your maternity pay. New mums only receive statutory maternity pay (SMP) for 39 weeks of their 52-week maternity leave. Maternity pay. You might be able to resolve it informally. In terms of statutory maternity pay, you would have to pay the full 39 weeks, even if she resigned earlier than that, but, as Mohan points out, you can normally recover most of the SMP anyway, as you offset it against the Tax and NI you pay over to the HMRC (I think, from memory, you can reclaim 92% of SMP … Some employers offer more generous maternity benefits than Statutory Maternity Pay. You must also end any maternity pay or Maternity Allowance, even if you don’t get maternity leave. If you have benefits taken as cash, like car allowance, these continue to be paid whilst on maternity leave. You can’t get it while you’re still at work or more than 11 weeks before your due date. For factory workers, the compulsory period is 4 weeks. Before you go on Maternity Leave, you’ll have to tell your employer how long you intend to be off work for and your expected return date. You’ll get Statutory Maternity Pay if you: The amount of maternity pay you get changes during your maternity leave. Baby development at 39 weeks. You must give your employer binding notice to end your maternity leave for either you or your partner to be eligible for Shared Parental Leave. NHS Choices - Information on hospitals, conditions and treatments. You’ll likely have to come up with some alternatives, like taking a paid vacation or unpaid leave, to make up for the lack of paid medical leave. Your employer bases your average pay on roughly 8 weeks leading up to the 15th week before your due date. We will normally respond to your enquiry within 48 hours of receipt. Still plumping up. You might be able to claim Maternity Allowance. You can be paid for up to 10 ‘keeping in touch days’ while taking time off to have a baby. Thank you, your feedback has been submitted. However, you’ll get to keep the rest. Check your contract with your existing employer before you work for someone else. To help you take time off work before and after your baby is born, you’re entitled to maternity leave and maternity pay. I will be receiving Occupational Maternity Pay for 8 weeks full pay from June 2014 and then 18 weeks half pay + SMP, then remaining 13 weeks just SMP. Registered charity number 279057 VAT number 726 0202 76 Company limited by guarantee. Once you’ve had your baby it gets more complicated. If you earn £200 a week, you’ll get £180 of statutory maternity pay for the first 6 weeks, then £151.20 for the next 33 weeks. Some employers call these ‘KIT days’. This is most likely to matter if your pay varies, for example if you work for an agency or do shifts. You must tell your employer if you want to start Shared Parental Leave or Pay. You must give your employer proof of your pregnancy to get maternity pay. Pay them 90% of their average weekly earnings (before tax). If you do not qualify for SMP/MA you still cannot get SSP for the first 18 weeks. Despite the fact that my company was by no means small, I was shocked to discover that I would, in fact, receive only one week of fully paid maternity leave. You’re entitled to 90 per cent of your average weekly pre-tax earnings for the first six weeks. What is Statutory Maternity Pay? Statutory Maternity Pay (SMP) is paid for up to 39 weeks. Statutory Maternity Pay (SMP) or Maternity Allowance (MA) are payable, for those who qualify, for the first 39 weeks of maternity leave. gym membership, medical insurance) for your whole maternity leave period. To be eligible for Shared Parental Leave, you must be eligible for one of the following: During the 66 weeks before the baby is due, the other one of you must: If you’re working and adopt a child you’re usually entitled to paid time off work when they first join your family. Have been employed by the same agency for 26 weeks when you reach the 15th week before your due date, Work for the agency in all or part of your 15. After 39 weeks, your employer doesn’t have to pay you anything. For the first 6 weeks You get 90% of your average weekly earnings. For the two weeks following the birth of her baby, you can’t allow your employee to work for you and she must take this time as a recovery period. If you don't get maternity leave your maternity pay starts the day after you have your baby. But there are some ways to earn a bit extra if you’re worried about making ends meet. Pregnant employees have the right to take up to 52 weeks maternity leave 39 of these weeks could be paid using either statutory maternity pay, maternity allowance or contractual maternity pay. The legal minimum for maternity pay If your business does not offer enhanced maternity pay, it must pay the following. Advice can vary depending on where you live. All rights reserved. Introduction to the Citizens Advice service, Future of advice: our strategic framework 2019-22, what type of maternity pay you’re entitled to, if you get sick in the 4 weeks before your baby's due, Maternity leave - what you're entitled to and how to get it, Maternity leave - your options when it ends, What to do if you don't get your maternity rights, Parental bereavement leave - what you're entitled to and how to get it, Parental bereavement pay - what you're entitled to and how to get it, 6 weeks getting 90% of your average weekly pay (before tax), 33 weeks getting either £151.20 a week or 90% of your average weekly pay (before tax) - whichever is less, accepting any shifts or hours you’re offered, or even trying to do extra, taking paid holiday for any days when you’re ill, if the sick pay would be less than you’d earn normally, you already did some paid work for your second employer in the 15th week before your due date, and, you aren’t entitled to statutory maternity pay from your second employer - so you’ll need to have earned less than £120 a week from them or worked for them for less than 26 weeks. You'll get the same amount even if you're pregnant with more than one baby. Citizens Advice is an operating name of the National Association of Citizens Advice Bureaux. Some employers might offer you occupational maternity pay, sometimes known as contractual maternity pay. But it will continue if: You can do self-employed work and it won’t affect your statutory maternity pay. Part of your statutory maternity pay is based on your average pay. In the meantime I want to start full time study, and after my mat leave finished just go back to work 1 day a week for a … The earliest your paid maternity leave can start is the 11th week before your baby is due. For the first six weeks, you will be paid 90% of your average weekly salary, before tax. The remainder, if you take it, will be unpaid leave. Let us know, Copyright ©2020 Citizens Advice. Registered number 01436945 England Registered office: Citizens Advice, 3rd Floor North, 200 Aldersgate, London, EC1A 4HD. We use Cookies: By using this website, you consent to their use. The final 13 weeks … But you must give your employer eight weeks’ notice if you want to return later or earlier. So it’s good to keep your pay as high as possible while your employer works out your average. Assuming that all women are afforded the same maternity … When I had my daughter it was 26 weeks maternity pay only, so … However, while you’re entitled to 52 weeks off work, you’ll only get maternity pay for 39 of them if you’re eligible. If your baby is born early, your leave starts the day after the birth. Statutory Maternity Pay or SMP is paid to you for up to 39 weeks. New eligible parents in England, Wales, Scotland and Northern Ireland can use Shared Parental Leave. Need help sorting out your debts, have credit questions or want pensions guidance? Agency workers can get Statutory Maternity Pay if they meet the qualifying conditions. Pay Statutory Maternity Pay (SMP) is paid for up to 39 weeks. But if you earn £120 a week, you’ll get £108 of statutory maternity pay for the whole 39 weeks. - Get free trusted guidance and links to direct support. Give us a call for free and impartial money advice. Hi there, I'm in a bit of a confusing situation and really need some help...I am being paid Statutory Maternity Pay for 39 weeks, and had been planning to go back to work after 52 weeks including the additional unpaid 13 weeks. Your average pay includes any sick pay, holiday pay, back pay, bonuses, and statutory maternity pay from a previous pregnancy. It starts when you take maternity leave or if you’re off with a pregnancy-related illness in the four weeks before your baby is due. No, despite petitions to lengthen the amount of time you get on maternity leave, there have been no changes made. You are entitled to 39 weeks’ Statutory Maternity Pay (SMP), if you have been: Employed by the same employer continuously for at least 26 weeks into the 15th week before the week of your due date Earning on average an amount that at least equals the lower earnings limit, which applies on the Saturday at the end of your 15th week. You might get more, depending on what’s written into your contract. Perhaps the most dangerous assumption is that every woman has access to a 12-week, paid maternity leave. © Copyright 2020 The Money Advice Service 120 Holborn, London EC1N 2TD. Sorry, web chat is currently offline, our opening hours are. In most cases, you should give your employer at least eight weeks’ notice. SMP can be paid for up to 39 weeks; it is payable by the employer but partly (or, for small firms, wholly) reimbursed by the state. How much Statutory Maternity Pay you get and how long for Statutory Maternity Pay (SMP) is paid for 39 weeks. If you’re eligible, you can even take the leave in up to three separate blocks instead of taking it all in one go. talk to your employer. You can get Statutory Shared Parental Pay if: If you’re self employed, you cannot get Statutory Maternity Pay. You must give your employer binding notice to end your maternity leave for either you or your partner to be eligible for Shared Parental Leave. How much maternity pay you get, and how long it lasts, depends on what type of maternity pay you’re entitled to: Your statutory maternity pay lasts up to 39 weeks, made up of: If you’ve been furloughed, your average weekly pay is based on what your regular pay would have been - not your furlough pay. Maternity pay and leave can be a complex area. This will be more than Statutory Maternity Pay. When you’re having a baby, you’re entitled to a year of Statutory Maternity Leave - no matter how long you’ve been in your job. And conditions, Sunday and Bank Holidays, closed I claim when I pregnant! 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