Maternity Leave – Entitlement of Leave & Pay?
Statutory Maternity Leave (SML) entitlement is 52 weeks. This is made up of Ordinary Maternity Leave- first 26 weeks and Additional Maternity Leave- last 26 weeks.
You do not have to take the full 52 weeks, but you must take 2 weeks’ leave after your baby is born.
SML entitlement is available from first day of employment- it does not matter how long you’ve been with your employer, how many hours you work or how much you get paid. You will qualify for SML if you are an employee and give your employer appropriate notice.
You must tell your employer you are pregnant at least 15 weeks before your baby is due and when you want to start maternity leave. Your employer may request this in writing. Your employer must write to you within 28 days confirming your start and end dates.
Your employer might ask to see a medical certificate or 'MAT B1' form. You can get this from your doctor or midwife once you're 20 weeks' pregnant.
During SML you may also be eligible for Statutory Maternity Pay (SMP). If you’re legally classed as an employee, you get SMP when both apply;
1.You have been working continuously for 26 weeks for the same employer before your ‘qualifying week
2.You earn at least £123/week on average for 8 weeks before your ‘qualifying week’
Statutory Maternity Pay (SMP) is paid for up to 39 weeks. You get 90% of your average weekly earnings (before tax) for the first 6 weeks then £172.48 or 90% of your average weekly earnings (whichever is lower) for the next 33 weeks.
SMP is paid in the same way as your salary is paid. Tax and National Insurance will be deducted. Your employer can claim your SMP back from HMRC.
If you are not eligible for SMP you may be able to get Maternity Allowance.
Maternity Allowance is payable to self-employed women if you have been self-employed for at least 26 weeks in the 66 weeks before your baby is due. You must be registered as self-employed with HMRC.
Many companies offer better than the legal minimum. Details of any enhanced maternity package will be stated in your contract and through your HR department.
Maternity pay questions - Maternity Action
Maternity pay and leave: Overview - GOV.UK (www.gov.uk)
Time off work for parents | Acas