Statutory Maternity Pay and Leave

We have previously covered employee entitlement regarding holidays and illness. However, there is another form of centrally important employee entitlement we have yet to cover; Statutory Maternity Pay and Leave.

Statutory Maternity Leave

When you have a baby you are entitled to take maternity pay and leave. The time-off work is known as Statutory Maternity Leave (SML). The amount of SML you can have is fifty-two weeks. This is split into ordinary, and additional for the first and second twenty-six weeks respectively. You do not have to take all of the fifty-two weeks. However, you are required to take at least two weeks of leave after the baby is born (four if you are working in a factory.).

Usually the earliest you can begin taking your SML is eleven weeks before the baby is due to be born. However, there are circumstances where this will be different. Leave can also start on the day after the baby is born, if the baby is born early or if a pregnancy-related illness makes you unable to work in the four weeks before the baby is due.

While on SML your employee rights such as accruing holiday pay and pay rises are protected.

How long do you get Statutory Maternity Pay for?

Statutory Maternity Pay (SMP) is paid for thirty-nine weeks and you will receive 90% of your weekly earnings for the first six weeks. For the remaining thirty-three weeks, you will receive the lower of £151.97 and 90% of your weekly earnings.

SMP will normally start at the same time as your SML.

Eligibility for Statutory Maternity Leave

To be eligible for SML you will need to be an employee and give your employer the correct notice. It does not matter how long you work for an employer or the hours you work.

Currently having a child through surrogacy does not entitle you to SML.

To qualify for SMP you must:

• Earn at least £120 per week
• Give employer the correct notice
• Supply proof of pregnancy to employer
• Have worked for employer continuously for at least twenty-six weeks up to the fifteenth week before the expected due week of childbirth

If you go into police custody, the SMP will stop and not restart again upon leaving custody.

If your baby is born early, or stillborn after the twenty-fourth week of pregnancy, or dies after being born, you will still be entitled to SMP and SML.

Currently having a child through surrogacy does not entitle you to SML.

How do you claim Statutory Maternity Leave and Pay?

To claim SML, you must contact your employer at least fifteen weeks before the due date of the baby. You need to tell them when the baby is due and when you want to start the SML. You may have to provide this in writing.

Your employer must then write to you within twenty-eight days to confirm your start and end dates. If you wish to change the end date, you will need to give your employer at least eight weeks notice.

To claim SMP you must tell your employer when you wish to stop work and when you want to receive the SMP. You must give them twenty-eight days notice, in writing if they require and proof of your pregnancy.

The employer must confirm, within twenty-eight days, how much SMP you will receive and when it begins and ceases. If your employer decides you are not eligible for SMP, they must provide you with form SMP1 within seven days of making their decision.

If you need to supply proof of pregnancy this will be a letter from your doctor or midwife, or your MATB1 certificate. You should receive the MATB1 from the doctor or midwife no more than twenty weeks before the due date.

Additional Information

If you are unable to get SMP and SML you can claim Maternity Allowance.

There are also a number of benefits you can claim regarding having children as shown on this link.

Finally, you can calculate the amount of SMP and SML you can receive by clicking this link.

If you would like more information regarding the above or regarding payroll accounting in general, please do not hesitate to contact us.