What Do Employees Need To Know?

In the UK, there are two types of maternity pay: Statutory Maternity Pay (SMP) and contractual maternity pay. To be eligible for SMP, you must:

1. Be an employee and not self-employed
2. Earn an average of at least £123 per week (before tax) for the eight weeks leading up to the 15th week before your due date
3. Give your employer the correct notice
4. Have worked for your employer continuously for at least 26 weeks by the end of the 15th week before your due date

If you meet these criteria, you will be entitled to 90% of your average weekly earnings (before tax) for the first six weeks of your maternity leave, followed by £172.48 per week (for 2023/24) (or 90% of your average weekly earnings, whichever is lower) for the next 33 weeks.

Contractual maternity pay may be more generous than SMP, but you will need to check your employment contract to see what your entitlements are.

We would also recommend speaking to your HR department or line manager to confirm the company’s maternity policy and to ensure that you provide the correct notice period.

If you are not eligible for SMP you may be eligible for Maternity Allowance instead.

What Do Employers Need To Know?

In the UK, employers have a legal obligation to provide eligible employees with Statutory Maternity Pay (SMP) if they meet the eligibility criteria. Additionally, many employers provide contractual maternity pay that may be more generous than SMP. In general, employers have the following responsibilities:

1. Provide eligible employees with SMP, which is paid for up to 39 weeks.
2. Inform eligible employees of their entitlement to SMP and how to claim it.
3. Keep records of an employee’s maternity leave and pay.
4. Protect an employee’s job while they are on maternity leave and allow them to return to the same job or a similar one with the same terms and conditions.
5. Allow an employee to take up to 10 “keeping in touch” days during their maternity leave, which enables them to work or attend training sessions without ending their maternity leave.

It is important to note that employers must not discriminate against an employee due to pregnancy, childbirth, or maternity leave. If an employee feels that they have been discriminated against, they can make a complaint to their employer and/or take legal action.

Contact us for more information on your rights or responsibilities as an employee or employer.