To learn more about maternity pay, please visit our indepth guide. Statutory maternity pay definition in the cambridge. If your employee is expecting a baby, she may be entitled to statutory maternity pay smp. You do not have to pay back any statutory maternity pay if you do not return to work. During statutory maternity leave, employees who satisfy the qualifying requirements are entitled to receive an amount of statutory maternity pay, the level of which is adjusted each year by the government. You could find yourself in breach of uk employment lawor forced to make a significant payout in a tribunal. Select the employee that is due the smp from within the pay run and select actions then pay statutory leave. Statutory paternity pay meaning in the cambridge english. Statutory maternity pay can last 39 weeks, but it will end sooner if you go back to work before then. Some companies just choose to pay the statutory amount of smp, whereas some will continue to pay a salary as normal. To refuse it, give the employee the smp1 form within 7 days of. Mar 12, 2020 the government of the united kingdom is forecasted to spend approximately 2.
Employer guide to statutory maternity pay smp and leave rates, eligibility, notice period, form smp1, recover statutory pay. Use our template letter to notify your employer in writing doc 23kb. I have ticked one of the boxes on part d of this letter to tell you why i cannot carry on paying you after this date. If your working situation is unusual, find an adviser and ask whether you qualify.
If youre not 100% sure about maternity pay and leave or would like to discuss with an expert please dont hesitate to get in contact with a member of the team. You must also be earning an average of minimum 35 pounds a week and keep in mind that if you desire financial support from the government, dont be under any employer or else you will be suited to acquire the statutory maternity pay smp. You get statutory maternity pay smp if all the following apply. Find out whether youre entitled to statutory maternity pay, contractual maternity pay or maternity allowance. Your maternity pay will either be maternity allowance, statutory maternity allowance or contractual occupational, employment maternity pay. Oct 16, 2014 statutory pay forms find forms for all types of statutory pay including maternity, paternity and adoption. If you take a year off, youll have taken your full statutory maternity leave. Statutory maternity pay is an employee benefit, part of the provision of parental leave in the united kingdom. We will add to this article and update it as and when we get new guidance from the government. To claim statutory maternity leave and pay, you must tell your employer that youre going on maternity leave and requesting maternity at least 15 weeks before the babys due date. The coronavirus pandemic is a financially uncertain time for all workers, including those who are pregnant or on maternity leave. She also has a statutory right to a minimum amount of maternity leave.
Maternity and paternity pay and leave explained crownford. To claim maternity allowance, download the ma1 form at gov. To work out entitlement to statutory maternity pay you need to check i your length of service and ii if you have earned enough. The average is calculated from the pay you actually received in the eight weeks or two months up to the last pay day before the end of the qualifying week. Contractual maternity pay is an extra benefit some employers offer. These regulations make provision as to statutory maternity pay smp introduced by part v of and schedule 4 to the social security act 1986 the 1986 act.
The proposals that aim to change the way women are treated at work would involve an increase in statutory maternity pay from nine to 12. Expecting a child how much statutory maternity pay will i. Once you have done this, select statutory maternity leave from the drop down menu, and fill in the following information. Statutory maternity pay definition in the cambridge english. Statutory maternity pay expenditure in the uk 2020 statista. Notes sheet for the maternity allowance claim form. Statutory pay forms find forms for all types of statutory pay including maternity, paternity and adoption. I have ticked one of the boxes on part d of this letter to tell you why. When youre having a baby, youre entitled to a year of statutory maternity leave no matter how long youve been in your job. How much statutory maternity pay you get and how long for. The rules about statutory maternity pay apply to almost all people who are pregnant but there are exceptions, for example, people who work mainly overseas or who are share fishers. Maternity allowance ma is a payment scheme designed to help parents who dont qualify for statutory maternity pay afford the costs of caring for a new baby. Your maternity pay could start sooner if you get sick in the 4 weeks before your babys due.
The widely accepted definition of statutory maternity pay is the referral to the eligible salary and benefits an expecting mother and her family receive prior to or after the birth or adoption of a child. If you do not qualify for statutory maternity pay, you might qualify for. Maternity pay for selfemployed mothers varies, but it does depend on the class 2 national insurance contributions that you make. Statutory maternity pay definition and meaning collins. All content is available under the open government licence v3. If you claim maternity allowance more than three months after the date your maternity allowance is due to start, you will lose money. Do i get maternity pay if i am selfemployed in the uk.
If you are more than 29 weeks pregnant, you will probably have to request to start your maternity leave. For help and support go to the maternity action website. Finally, the employee should be aware they cant claim if theyre receiving statutory maternity pay from an any employerwhether this is parttime or fulltime. Download our guide to redundancy rights when pregnant or on maternity leave pdf, 299kb. This site additionally contains content derived from eurlex, reused under the terms of the commission decision 2011833eu on the reuse of documents from the eu institutions. Statutory maternity pay how is statutory maternity pay. Further information and help we have not covered all of the law that relates to spp and paternity leave on this form.
As an employer, you need to understand the law around statutory maternity pay smp but if you dont follow hm revenues maternity pay rules and regulations. I cannot pay you any more smp after the week which ends on. To work out your qualifying week, use a calendar to count 15 weeks back from the week youre due to have your baby. Statutory maternity pay is the legal minimum your employer normally has to pay you. This will depend on the company policy and contract with the employee. If you want to claim ma youll need to complete an smp1 form and send this to your local jobs and benefits office along with your ma claim form. Apart from 12 weeks of salary, a female worker is entitled to a. The maternity benefit is awarded at the rate of the average daily wage for the period of a workers actual absence from work. The statutory maternity pay general regulations 1986. You must fill in this form when your employee is not entitled to statutory maternity pay smp, or when you cannot continue paying smp. Below are the most updated statutory maternity pay and leave benefits of the united kingdom.
Pay set out in the employment contract is known as enhanced or contractual maternity pay, if its above the legal minimum for maternity pay. They are made under powers in the 1986 act which have not yet been in force for 12 months. Statutory maternity pay and maternity allowance please click on the question that applies to your situation and it will take you through to the relevant section. Your employer claims the money back from the government. It comes from your employer, and there are 3 steps to getting it. Check your contract or ask your employer what you need to do, as it could be different from getting statutory maternity pay. The government provides maternity pay to help you financially while you take time off work to bond with your new baby. A form for employers to fill in and give to employees who arent entitled to statutory maternity pay. The maternity leave is awarded with full pay on completion of at least 80 days in an establishment in the 12 months prior to her expected date of delivery. Those that are not eligible to receive smp can, however, claim maternity allowance. Statutory maternity pay smp, or when you cannot continue paying. Working families statutory maternity pay working families. The only time ive ever wished i worked for the nhs was when i found out how much maternity pay you get. Labours maternity leave boost is a major step forward, but it wont.
Statutory maternity pay for selfemployed peninsula uk. An important date for statutory maternity pay is the 15th week before the week the baby is due this is called the qualifying. They may be able to get maternity allowance instead. Part of your statutory maternity pay is based on your average pay. Dont lose out on your maternity pay if your wages vary. Maternity rights statutory maternity leave rights quest. Like smp, maternity allowance can be claimed as early as 11 weeks prior to your due date though most parents take it later.
Currently, statutory maternity pay is payable for up to 39 weeks. Maternity and work in india maternity leave, pay and rights. Maternity pay how much you can get citizens advice. You can refuse statutory maternity pay smp if the employee does not qualify. To pay statutory maternity pay you need to create a pay run. I feel in my situation that this is the better outcome as i was looking at having to be off long term on statutory sick pay only, which definitely would have affected my smp eligibility. For more information about your maternity rights, statutory maternity pay and maternity allowance go to. This replaces her normal earnings to help her take time off around the time of the birth. Use this quick and simple calculator to work out your staffs statutory maternity pay entitlements. Nov 26, 2019 if the employee is eligible for a pay rise between the start of the relevant eight week period and the end of her statutory maternity leave sml, the smp must be recalculated as if the pay rise had taken place at the beginning of the relevant period. From what i can gather, we should be ok although will be phoning maternity action for clarification. However, while youre entitled to 52 weeks off work, you. Your employer has given you this form because you cannot get smp, or your employer. The legal minimum for maternity pay if your business does not offer enhanced maternity pay, it must pay the.
Time off with your baby in those early weeks and months is precious. Offering enhanced maternity pay can help your business attract and keep the best employees. Ordinary maternity leave oml a statutory entitlement of 26 weeks for all female employees, regardless of service. Or you can scroll through the page to read all our information on statutory maternity pay and maternity allowance during covid 19. Complete form smp1 when your employee is not entitled to statutory maternity pay smp, or when you cannot continue paying smp. Maternity pay what youre entitled to citizens advice. For the first six weeks, 90% of an employees average weekly earnings. Your employer pays statutory maternity pay in the same way and at the same time as your wages are normally paid, for example, weekly or monthly. There are rules on when and how to claim your paid leave and if you want to.
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