Managing Leave Legislation

A Guide to Statutory Maternity Pay

The following information was taken from www.directgov.co.uk.

If you're working and have a baby, whether you work full or part-time, you have the right to receive Statutory Maternity Pay (SMP) as long as you meet certain conditions. Find out about these conditions and your rights.

The basics of maternity pay
The maternity pay benefits you might get will vary depending on your circumstances. Usually you will claim either:

• Statutory or contractual maternity pay from your employer
• Maternity Allowance through Jobcentre Plus or a Jobs and Benefits office in Northern Ireland

There are also a number of other benefits which you may be entitled to.

You can get personalised help on what you qualify for by using the Tailored Interactive Guidance on Employment Rights (TIGER) tool. The tool will produce a personalised statement of the maternity leave and pay that you may qualify for, along with an interactive calendar to help you plan your leave.

Contractual (company) maternity pay
Your employer might have their own maternity pay scheme. Check your contract of employment or staff handbook, or ask your employer's HR department. Some company schemes require you to pay back some money if you don't come back to work. However, you must be paid at least as much as SMP (if you qualify), which doesn't have to be repaid.

Statutory Maternity Pay (SMP)
You can get Statutory Maternity Pay (SMP) for up to 39 weeks, as long as you meet the conditions. To qualify for Statutory Maternity Pay you must have been:

• employed by the same employer continuously (some breaks do not interrupt continuous employment) for at least 26 weeks into the 15th week before the week your baby is due; and earning an average of at least £90 a week (before tax)
• To claim Statutory Maternity Pay you must tell your employer at least 28 days before the date you want to start your Statutory Maternity Pay. Your employer may need you to tell them in writing.

If you have the right to receive SMP, you'll get it even if you decide to leave your job (or are made redundant) before you start receiving SMP. Also once you start getting it, your employer must continue to pay SMP to you even if you leave your job or are made redundant. You don't have to repay it if you decide not to go back to work or leave your job whilst getting SMP. If you are employed you can choose when you want your SMP to start, this will normally coincide with your Ordinary Maternity Leave. Unless your baby is born sooner, the earliest SMP can start is 11 weeks before the week your baby is due.

How to claim SMP
To make a claim for SMP, you must:

• tell your employer when you want your SMP to start
• provide medical evidence of the date your baby is due

How much SMP do you get
If you qualify for SMP, it is paid:

• for the first six weeks at 90 per cent of your average gross weekly earnings with no upper limit
• for the remaining 33 weeks at the lower of either the standard rate of £124.88, or 90 per cent of your average gross weekly earnings

What happens if you don't qualify for SMP?
If you can't get SMP from your employer, you might get Maternity Allowance (MA) if you:

• are employed
• are self-employed and pay Class 2 National Insurance contributions or
• have a Small Earnings Exception certificate
• are not employed but have worked close to or during your pregnancy

The conditions are that you:

• have been (employed or self employed) for at least 26 of the 66 weeks before the week your baby was due (a part week counts as a full week)
• earned an average of £30 over any 13 of those 66 weeks

The standard rate of MA is £117.18 or 90 per cent of your average weekly earnings, whichever is less. MA is paid for up to 39 weeks; it is not liable to income tax or NI contributions.

Where to get help
The Advisory, Conciliation and Arbitration Service (Acas) offers free, confidential and impartial advice on all employment rights issues. You can call the Acas helpline on 08457 47 47 47 from 8.00 am to 6.00 pm Monday to Friday.

The Labour Relations Agency (LRA) offers free, confidential and impartial advice on all employment rights issues for residents of Northern Ireland. You can contact the LRA on 028 9032 1442 from 9.00 am to 5.00 pm Monday to Friday.

Your local Citizens Advice Bureau (CAB) can provide free and impartial advice. You can find your local CAB office in the phone book or online.


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