Education and Child Matters

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Statutory Maternity Leave & Pay

 

If you would like to check whether you are entitled to maternity leave or pay, paternity leave or pay or maternity allowance please click the link below. We suggest you read this webpage first.

LINK TO GOVERNMENT WEBSITE TO CHECK IF YOU CAN GET MATERNITY OR PATERNITY LEAVE OR PAY OR MATERNITY ALLOWANCE.

WHAT IS STATUTORY MATERNITY LEAVE?

Statutory maternity leave is the permitted time an employee is allowed to take off when they are pregnant or have just had a baby.

HOW LONG IS STATUTORY MATERNITY LEAVE?

Maternity leave is up to 52 weeks. This is made up of 26 weeks ordinary maternity leave and 26 weeks additional maternity leave. You do not have to take all 52 weeks.

It is compulsory to take 2 weeks leave after your baby is born. If a mother works in a factory then she has to take 4 weeks leave. 

WHEN ARE THE START DATES FOR YOUR STATUTORY MATERNITY LEAVE?

You can start your maternity leave 11 weeks before the week of the birth.

You can start your maternity leave the day after the birth of the baby if it is early.

Your maternity leave will start automatically if you have taken time off work for an illness related to your pregnancy in the 4 weeks before the week of the birth.

BESIDES BEING PREGNANT WHAT ELSE DO YOU HAVE TO DO TO QUALIFY FOR STATUTORY MATERNITY LEAVE?

  1. You have to be an employee.
  2. You have to tell your employer more than 15 weeks before your baby is due when you would like your maternity leave to start. It is advisable to do this in writing. Your employer will confirm in writing what you have asked within 28 days. This letter will state you start and end dates for your maternity leave.

CAN YOU GET STATUTORY MATERNITY LEAVE IF YOU HAVE A BABY VIA SURROGACY?

No you are not entitled to statutory maternity leave if you use a surrogate to have a baby.

IS STATUTORY MATERNITY LEAVE PAID LEAVE?

Maternity leave is paid leave. This is called statutory (permitted or a requirement by law) maternity pay (SMP). 

You will get paid for 39 weeks of your maternity leave.

  1. 90% of your wages before deductions for the first 6 weeks
  2. 90% of your wages before deductions or £172.48 for the remaining 33 weeks. You will get whichever one is lower.

Tax and national insurance is deducted from statutory maternity pay.

BESIDES BEING PREGNANT WHAT ELSE DO YOU HAVE TO DO TO QUALIFY FOR STATUTORY MATERNITY PAY?

  1. You must earn on average £123.00 a week.
  2. Within 21 days of your statutory maternity pay start date you must give your employer a letter or an MATB1 certificate from your midwife or doctor.
  3. You must tell your employer, preferably in writing when you want your statutory maternity pay to start. You must give more than 28 days notice. Your employer will write to you within 28 days and tell you how much you will get paid and confirm the start and end date for maternity pay.
  4. You must have worked for your employer for 26 weeks and over before the 15th week of the expected birth.

WHAT IF YOUR EMPLOYER TELLS YOU THAT YOU ARE NOT ELIGIBLE FOR STATUTORY MATERNITY PAY?

Your employer must tell you within 7 days of deciding that you cannot get paid statutory maternity pay. They must explain why and give you form SMP1. 

HOW COULD YOU LOSE STATUTORY MATERNITY PAY?

You can lose statutory maternity pay if the police take you into custody during the time you are paid maternity pay. You will also not get it when you are discharged.