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Maternity pay

Who will qualify?
You can be either full and part-time, pregnant or have just given birth. You are entitled to a maximum of 26 weeks statutory maternity pay (SMP) if:

• You have worked for your employer for a continuous period of at least 26 weeks ending with the qualifying week which is 15 weeks before the expected week of childbirth.
  
  
• Your average weekly earnings in the eight weeks up to and including the qualifying week must have been at least equal to the lower earnings limit for National Insurance contributions.
  

If a pregnant employee does not qualify for SMP they may be entitled to Maternity Allowance instead. This is paid direct to the woman by the Social Security/Jobcentre Plus Offices. If they are not entitled to SMP or Maternity Allowance, they may be able to claim income support or other benefits.

What can I expect to receive?
The first six weeks of statutory maternity pay are paid at 90% of the employee's average weekly earnings.
The remaining twenty weeks are paid at the SMP standard rate or 90% of the woman's average weekly earnings if lower.

Once entitlement to SMP has been established in the qualifying week, the employer is obliged to pay it, even if an employee were to leave before she wants her SMP to start. If an employee decides not to return to work after her maternity leave, she does not have to pay back her SMP.

When should Statutory Maternity Pay be paid?
SMP is only payable when an employee is absent from work. If an employee does any work for her employer in any particular week she is disqualified from receiving SMP for that week. Any SMP lost in this way is always lost at the standard rate first.

What must I do to receive Statutory Maternity Pay?
You must notify your employer no later than the end of the 15th week before the week your baby is due or as soon as reasonably practicable:

You must notify:

• That you are pregnant
  
  
• When the expected week of childbirth will be (in writing if requested)
  
  
• when you intend maternity leave to begin (in writing if requested)
  
  
• Give notice for Statutory Maternity Pay at the same time as for Maternity Leave.

To qualify for Statutory Maternity Pay only:

• You must give at least 28 days' notice of the date you expect your SMP to start
  
  
• Medical evidence of her pregnancy.

You can change your leave dates if you give 28 days notice.

Are pregnant women entitled to sick pay?
Generally there is no legal requirement to salary when an employee is absent from work due to sickness, other than Statutory Sick Pay, that is unless the employee's contract of employment states that the company have their own company sick pay policy. Because there is no law on company sick pay, the company may implement whatever policy they choose, as long as it does not discriminate on the grounds of sex, race or disability

However, a woman in receipt of SMP or Maternity Allowance is disqualified from receiving SSP - even if she resumes work in that 26 week period. She must revert to SMP or Maternity Allowance.

Further Information:

Maternity Action is a charity promoting health and well-being
Telephone 020 7281 7816
http://www.maternityaction.org.uk