Maternity pay
If you're working and have a baby, whether you work full or part time, you have the right to receive Statutory Maternity Pay (SMP) as long as you meet certain conditions. Find out about these conditions and your rights.
The basics of maternity pay
The maternity pay benefits you might get will vary depending on your circumstances. Usually you will claim either:
- statutory or contractual maternity pay from your employer
- or Maternity Allowance through Jobcentre Plus or a Jobs and Benefits office in Northern Ireland
There are also a number of other benefits which you may be entitled to.
Contractual (company) maternity pay
Your employer might have their own maternity pay scheme. Check your contract of employment or staff handbook, or ask your employer's HR department. Some company schemes require you to pay back some money if you don't come back to work. However, you must be paid at least as much as SMP (if you qualify), which doesn't have to be repaid.
Statutory Maternity Pay (SMP)
If your baby is due on or after 1 April 2007 you can get SMP for up to 39 weeks, as long as you meet the conditions. If your baby was due earlier than this then SMP is for up to 26 weeks.
If you have the right to receive SMP, you'll get it even if you decide to leave your job before you start receiving SMP. You don't have to repay it if you decide not to go back to work or leave your job whilst getting SMP.
If you are employed you can choose when you want your SMP to start, this will normally coincide with your Ordinary Maternity Leave. Unless your baby is born sooner, the earliest SMP can start is 11 weeks before the week your baby is due.
How much SMP you'll get
If you get SMP, your employer will pay you 90 per cent of your average weekly earnings for the first six weeks, then up to £117.18 for the remaining 33 weeks (or 20 weeks if your expected week of childbirth begins earlier than 1 April 2007). You pay tax and National Insurance in the same way as on your regular wages. Your employer reclaims the majority of SMP from their National Insurance contributions and other payments. To qualify for SMP you must pay tax and national insurance as an employee (or would pay if you earned enough).
Maternity Allowance
If you can't get SMP from your employer, you might get Maternity Allowance (MA) if you:
- are employed
- are self-employed and pay Class 2 National Insurance contributions or
- have a Small Earnings Exception certificate
- are not employed but have worked close to or during your pregnancy
The conditions are that you:
- worked (either on an employed or self employed basis) for at least 26 of the 66 weeks before the week your baby was due (a part week counts as a full week).
- earned an average of £30 over any 13 of those 66 weeks
The standard rate of MA is £117.18 or 90 per cent of your average weekly earnings, whichever is less. If your expected week of childbirth begins on or after 1 April 2007, it is paid for up to 39 weeks. If your expected week of childbirth was earlier than this then it is paid for up to 26 weeks. MA is not liable to income tax or NI contributions.
Other family benefits you may be entitled to
There are a number of additional benefits available to expectant and new mothers. These include Child Trust Funds, Sure Start Maternity grants, Child Benefit, free prescriptions and dental treatment and Tax Credits. Whether you qualify for these benefits will depend on your personal situation.
What to do next
If you definitely qualify for maternity pay and your employer refuses to pay it, it will be treated as an unlawful deduction from your wages. It may also count as unlawful sex discrimination.
If you think you should get SMP but your employer disagrees, talk to them and explain your rights. If you have an employee representative (eg a trade union official), they may be able to help.
If this doesn't work, you may want to make a complaint using your employer's internal grievance procedure or apply to your nearest office of HM Revenue and Customs (HMRC) who can decide the matter. Applications to the HMRC need to be made within 6 months of your employer first refusing to pay you.
