Maternity Leave and Pay
Do you know what entitled to?
What are my maternity rights?
Your general maternity rights are:
- You will be entitled to up to 52 weeks Statutory Maternity Leave (SML) as an employee
- Provided you have been employed continuously for 26 weeks prior to the 15th week before your expected week of childbirth you will receive Statutory Maternity Pay (SMP)
- Your contractual benefits, accrual of annual leave and employer pension contributions will continue throughout maternity leave
- You have the right to return to your job when your Maternity Leave ends. If a redundancy situation arises, you must be offered suitable alternative employment if such is available.
Statutory Maternity Leave (SML)
A pregnant employee is entitled to up to 52 weeks Maternity Leave regardless of the length of service, working hours or rate of pay provided they give the correct notice.
Entitlement
The employee is entitled to 26 weeks’ ordinary maternity leave (OML) and a period of additional maternity leave (AML) of up to 26 weeks. The employee can choose when the maternity leave starts, provided it is no sooner than the beginning of the 11th week before the expected week of childbirth.
Employees must take at least 2 weeks after the birth or 4 weeks if they’re factory workers.
Notice
To exercise her statutory maternity leave rights, the employee must notify her employer, at least 15 weeks before the expected week of childbirth, of the fact of her pregnancy, her expected week of confinement (when the baby is due) and the date on which she intends to start her maternity leave unless she did not know she was pregnant in which case it is as soon as possible.
The employer must confirm her maternity leave’s start and end dates in writing within 28 days. The employee can change her return to work date if she gives 8 weeks notice.
Statutory Maternity Pay (SMP)
Eligibility
To be eligible for SMP employees must:
- be on the employer’s payroll in the ‘qualifying week’ – the 15th week before the expected week of childbirth
- have given the employer the correct notice
- have given the employer proof they’re pregnant
- have worked for the employer continuously for at least 26 weeks up to any day in the qualifying week
- have earned at least £113 a week (gross) in an 8-week ‘relevant period’
How Much?
SMP for eligible employees can be paid for up to 39 weeks, usually as follows:
- The first 6 weeks – 90% of their average weekly earnings (AWE) before tax
- The remaining 33 weeks – £140.98 or 90% of their AWE (whichever is lower)
Income Tax and National Insurance will need to be deducted.
An employer can offer more than the statutory amounts but not less. Employees not entitled to SMP may be able to get Maternity Allowance instead.
Proof of Pregnancy
The employee must provide proof of the pregnancy to their employer. This is usually a doctor’s letter or a maternity certificate (known as an MATB1 certificate). Midwives and doctors usually issue these 20 weeks before the due date.
The employee should provide proof to their employer within 21 days of the SMP start date. An employer does not have to pay SMP if you haven’t provided proof of the due date 13 weeks after the SMP start date.
Frequently Asked Questions
If I return to work during the SMP period will I still receive SMP?
You will continue to receive your Statutory Maternity Pay for the first 10 days you work during your SMP period. After this you will lose Statutory Maternity Pay for each week worked during your SMP period.
Will I still be entitled to SMP even though I am not an employee?
You may not be entitled as a worker to Statutory Maternity Pay as you do not have the same automatic rights as employees.
Your employer may, however, allow you to take unpaid leave, or alternatively you could take paid holiday.
I have been dismissed whilst on maternity leave - what happens now?
Your leave will come to an end if you are dismissed during your maternity leave. If you were entitled to Statutory Maternity Pay, you should continue to received this for the remainder of the 39 week period.
If your dismissal is due to you being discriminated against by reason of your maternity leave, you may have a claim for pregnancy discrimination and you may also have a claim for unfair dismissal.
End of Maternity Leave
At the end of your maternity leave you are entitled to return to your old job.
If a redundancy situation has arisen during maternity leave and for that reason it is not practicable to return to your old job under the existing terms of contract, you are entitled to be offered any suitable vacancy that exists on terms and conditions that are not substantially less favourable.
If there is no such position available you may be entitled to redundancy and notice pay.
The Next Step
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