Statutory Maternity Pay: what you need to know

Maternity pay can be a minefield and it can be difficult to find accurate information which explains your rights clearly. Here, our guide outlines your rights whatever your work pattern.

Maternity Pay

Statutory Maternity Pay is payable at two different rates

What is statutory maternity pay?

Women are entitled to Statutory Maternity Pay (SMP) if they have been employed by their employer for a continuous period of at least 26 weeks ending with the 15th week before the expected week of childbirth [ie they must have become pregnant after they started the job and be still employed as of the end of the 26th week of their pregnancy], and if they have average weekly earnings in the eight weeks leading up to the 26th week of pregnancy of at least equal to the lower earnings limit for National Insurance contributions, which is currently £116 a week.

Calculating SMP

From April 2017 the standard rate of SMP is £145.18 a week (or 90% of your average weekly earnings if this is less than £145.18 a week). For the first six weeks the rate is 90% of average weekly earnings with no maximum limit. The standard rate of SMP is reviewed every April.

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.

The first 26 weeks of maternity leave are referred to as Ordinary Maternity Leave (OML). During this time women are entitled to the same contractual rights, including pension and holidays, that they would have enjoyed had they not been on leave.

Additional Maternity Leave (AML) is the second 26 weeks of maternity leave. This starts on the day after the OML period finishes. Your employer does not have to offer you the same job when you return from AML if it isn’t practical but they do have to offer you appropriate similar employment.

You do not have to pay back SMP if you lose your job or resign after the 26th week of pregnancy/during your maternity leave. However, if you start a new job during maternity leave your SMP will stop from the week you start that job. You can do self employed work during maternity leave, though, without SMP being affected.

If for any reason you are not entitled to SMP, for instance, you work part-time and you do not earn over the £116 a week minimum needed for SMP, you can claim Maternity Allowance (currently £145.18 per week or 90% of your average gross weekly earnings (before tax) whichever is the smaller) via your local JobCentrePlus if you have worked for more than 26 weeks in the 66 weeks leading up to your baby’s due date and have earned at least £30 a week in any 13 weeks in this period.

You do not have to have worked the 26 weeks in the same job or continuously and self employed as well as employed work counts. Part weeks count as a full week. Self-employed workers may also be entitled to Maternity Allowance if they meet the eligibility criteria.

Are temporary workers and those on fixed-term contracts entitled to SMP?

Many mums-to-be get confused because they don’t know whether they are entitled to SMP because they are working on temporary or fixed-term contracts.

Fixed-term or temporary workers are, however, entitled to maternity leave in the same way as permanent employees but there are some points to remember.

They must have been continuously employed by their employer from before the time they got pregnant until the end of the 26th week of pregnancy and they must meet the earnings requirement [see above].

Women who  aren’t classed as employees but are defined as workers – such as agency workers – may be entitled to Maternity Allowance.

Pregnant whilst on maternity leave – am I entitled to maternity pay?

Some women fall pregnant whilst they are still on maternity leave. The Trades Union Congress advises that maternity leave in this instance does not break your continuity of employment so your right to maternity leave for the new pregnancy will be based upon your total service with the employer.

You are also eligible for SMP as long as you meet the normal requirements. You must give the same notice of your intention to take OML as you did the first time, that is by the end of the 15th week before your child is due and you must give your employer the information in writing if they request it.

Once you have given notice of the date that you intend the leave to begin on, you can subsequently change your mind and vary the date.

In this case you must notify your employer of the variation at least 28 days before the new date begins, or if this is not reasonably practicable, as soon as is reasonably practicable.

Be aware that eligibility for SMP is based on your average earnings during the eight weeks leading up to the 26th week of pregnancy so if you are in the unpaid part of your maternity leave you will not be eligible unless you return to work.

The TUC says that it is important that you physically go back into work for a period – even just one day – in order to maintain all of your rights.

Mums will, however, have the same rights as they would have received on returning from AML i.e. the right to return to the same job, or if that is not reasonably practicable, a suitable alternative job on similar terms and conditions.

Maternity Pay Entitlement from two part-time jobs:

Some women work two or more roles. In this case you are allowed to claim maternity pay and leave from both employers.

You can get two lots of SMP if you are eligible and begin and end your maternity leave at different times for each job you qualify for SMP from. If you only qualify for SMP from one job, you cannot claim Maternity Allowance (MA) for the second job. If you do not qualify for SMP from either job, but qualify for MA for the others, you can only get MA from one of your jobs.

More information can be found here.

Refunding enhanced maternity pay:

Some employers offer company maternity pay that is better than SMP. Sometimes workers who choose not to return at the end of their maternity leave period are asked by the employer to refund their pay.

The TUC says this is only lawful if it was agreed in advance or specifically stated in a maternity policy. In these cases, you only have to pay back the extra contractual pay, not the SMP part of the maternity pay.

Budgeting with a baby

If you are planning to or having to cut back to extend your maternity leave or are having trouble managing on SMP or Maternity Allowance you can try the Turn2Us charity which has information on any support you might be entitled to, including a benefits calculator, and the Money Advice Service also has some tips on budgeting for a baby.

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