Statutory Maternity Leave Entitlements

Statutory maternity leave entitlements are monies paid by United Kingdom employers that allows expecting mothers to take time off work before and after the birth of their babies. The weekly payment is available whether the mother intends to return to work with the employer or not.

Preparing for maternity leave

Statutory maternity pay, or SMP, is provided to employees who become pregnant while working. Women who are not employed before or during their pregnancies are not qualified for this weekly maternity payment.

The payment amount depends on the employee’s salary with the new mother receiving a maximum of 39 weeks of SMP payments. Budgeting plans for maternity leave should be considered, particularly when payments are expected to begin. Planning revolves around the expected week of childbirth (EWC).

When creating a budget plan for time away from work, it helps to consider the expected week of childbirth. The EWC is the reference point that employers use to calculate when payments begin and end rather than the baby’s actual due date.

The qualifying week is 15 weeks before the expected week of childbirth. The Department for Work and Pensions suggests that women use the Sunday of the EWC as a starting point to determine the week that they qualify for benefits. Count back 15 weeks, starting with the Sunday before the EWC.

The maternity pay period (MPP) is determined by the actual start of statutory maternity pay (SMP). It is important to note that some payments are not calculated on Sundays. Some mothers may expect their payments to arrive on other days of the week. For example, if payments arrive on Wednesdays, the weeks in the maternity pay period begin on Wednesday and end on Tuesday.

Women must meet the following guidelines in order to qualify for statutory maternity leave entitlements:

• Employed into the qualifying week (15 weeks before the expected week of childbirth)
• Employed at least 26 weeks with the same employer
• Earning at least the Lower Earnings Limit for National Insurance Contributions

Some employers do not pay statutory maternity payments. A company is required to provide written reason for their exemption on an SMP1 form. If you find that you do not qualify or the employer does not make these contributions, another resource is available.

Maternity Leave Allowance may be available through Jobcentre Plus. Some requirements for this benefit include:

• Self-employment registration
• Employed 26 weeks out of the 66 weeks before the baby is due
• Not entitled to SMP
• There is no age limit

Women should claim for the payments after the 26th week of pregnancy. It is important to claim as close to the 26th week as possible in order to ensure benefits. A copy of the Maternity Allowance Claim Form is available. Residents of Northern Ireland can find information about maternity leave allowance at Department for Social Development in Northern Ireland.

Other details about statutory maternity leave entitlements include:

• Employers make payments as they do normal wages.
• You may collect from more than one employer in some cases.
• You do not need to return to work in order to receive SMP.
• SMP does not affect other maternity benefits offered by an employer.
• Redundant employees are still eligible for benefits if they meet the qualifications.
• Incarcerated individuals do not receive SMP but they may receive maternity allowance.

Mothers may still receive SMP benefits under the following special circumstances:

• During hospital or care home stays
• Move or visit abroad
• Begin working for a new employer

Some employees like to use keep in touch days in their place of employment by working a few days during their maternity leave. An employee can work 10 days while receiving SMP without it affecting their payments. However, if work continues, the worker loses benefits each week she works past the allotted 10 KIT days.

See the Guide to Maternity Benefits for detailed information. Other valuable resources are available on Pregnancy and Employment.

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