Employers can claim all or some of this back from the government. This leave can be taken up to 56 days after the birth. Registered number 01436945 England Registered office: Citizens Advice, 3rd Floor North, 200 Aldersgate, London, EC1A 4HD. Some employees will be entitled to maternity pay under an employment contract, whilst others will only be entitled to Statutory Maternity Pay or Maternity Allowance from the Department of Work and Pensions. This is the level of wages where NI contributions start, which is currently £120/week, Pregnant at, or have given birth by, the 11th before the week the baby is due, Not employed or self-employed but worked in the business of self-employed spouse or civil partner, Provide you with the correct notice period, Provide proof of pregnancy – doctor’s letter or MATB1 certificate, Been in your continuous employ for a minimum of 26 weeks up to the 15th week before the baby is due. What is Statutory Maternity Pay? "); So, what are your duties as an employer? You must provide your employer with proof you are pregnant with a note from a doctor or a midwife. You can still get statutory maternity pay as an agency worker, even though you can’t take maternity … 1. Weekly earnings must also average at least £30/week. If you’re an agency worker. Paid leave is guaranteed in 178 countries, the United States not being one of them. We will use your email address only for sending you newsletters. To qualify, average earnings must be at least £30 a week for at least 13 of those 26 weeks. They may also be entitled to Statutory Paternity Pay during that time. Home » Personal Finance » Statutory maternity pay: Who pays statutory maternity pay? If you leave your job too early to get statutory maternity pay, you might still be able to get Maternity Allowance. Been continuously employed by the same employer for at least 26 weeks by the 15th week before the baby is due. You can claim some benefits before you give birth, so it’s worth checking as soon as you can. Save my name, email, and website in this browser for the next time I comment. This can start at any time from the 11th week prior to their due date, and it consists of 26 weeks’ Ordinary Maternity Leave and 26 weeks’ Additional Maternity Leave. Maternity leave ; Maternity pay (or allowance) Paid time off for antenatal care ; Extra help from the government; Here we look at the statutory maternity pay you’re hopefully entitled to, and how to claim it. The employer can recover at least 92 per cent of the SMP they have to pay, and 100% for small employers. Your employer isn’t allowed to sack you for any reason to do with your pregnancy or maternity leave. For each employer you have, the rules are the same as if they were your only employer. If you’ve been furloughed, your average pay is worked out from what your regular pay would have been - not your furlough pay. Registered charity number 279057 VAT number 726 0202 76 Company limited by guarantee. LLP members (partners) are self-employed, which means they do not qualify for statutory maternity/paternity leave or statutory maternity/paternity pay. We would advise consulting an accountant or experienced adviser for more detailed guidance pertaining to your specific situation. But this isn’t right - you can still get statutory maternity pay when you work for an agency. Estonia gives new mothers an incredible 84 weeks of maternity pay, the highest of anywhere in the world. When I announced my pregnancy this time she said she couldn't afford maternity replacement for me as well as my statutory pay. If no suitable alternative can be found, they must be entitled to suspension of full pay. If your agency won’t pay you statutory maternity pay, contact your nearest Citizens Advice for help. document.write(""); Statutory maternity pay: Who pays statutory maternity pay? They must also be offered alternative assignments if they are unable to carry out a role for reasons relating to the pregnancy. They will receive 90% of their average weekly earnings for the first 6 weeks, and up to £151.20/week for the remaining 33 weeks. This is not mandatory, it is at the discretion of the partners when an agreement is drawn up. Employees are entitled to one or two weeks paternity leave when their partner has a child. Self Assessment for directors – explained, 71-75, Shelton Street, Covent Garden, London, WC2H 9JQ, Employer guide to Statutory Maternity Pay and Leave, Forms and guidance on Statutory Paternity Pay (SPP) and Leave. Thank you, your feedback has been submitted. By law, all women must take at least two weeks of leave following the birth of their child (or 4 weeks if they work in a factory). You get whichever is lower: SMP – currently £151.20 a week; Is there anything wrong with this page? Use our benefit calculator to find out what you can claim. Your email address will not be published. Your employer has to pay you this if: Your average pay is worked out over 8 weeks, finishing roughly 15 weeks before your due date. Unlike contractual or statutory maternity pay, Maternity Allowance is paid … Be the biological father of the child, or be married to or be the partner of the baby’s mother.