Can I Get Maternity Pay?

Separate from your rights to maternity leave you may have a right to either Statutory Maternity Pay (SMP) or Maternity Allowance (MA). Your employer pays SMP. The Jobcentre Plus pays MA. Check whether your employer offers contractual maternity pay over and above, and if so whether there are any conditions, for example returning to work for a minimum period of time.

Statutory Maternity Pay (SMP)
To qualify for SMP you must have:

• Worked for your employer for at least 26 weeks prior to the 15th week before your baby is due;
• Had average earnings of at least £82 a week in the 8 weeks (or 2 months if you are paid monthly) prior to the 15th week before your due date;
• Given your employer evidence of the date your baby is due (usually your Mat B1)
• Given your employer at least 28 days notice that you want to claim SMP (most women give notice for maternity leave and pay at the same time i.e. at the latest by the 15th week before your due date)
• stopped work.

If you satisfy these conditions you will get:

• 6 weeks pay at 90% of your average earnings and
• 20 weeks pay at £106 per week or 90% of your average earnings, whichever is the lower sum

Your SMP will normally start on the Sunday after you begin your maternity leave and continue for 26 weeks (the maternity pay period). If you return to work before the end of the maternity pay period your SMP will stop and you will lose any outstanding amount.

You get SMP regardless of whether or not you intend to go back to work. SMP is paid by your employer, who claims most of it back from the Inland Revenue. You have to pay tax and national insurance on your SMP. It can be offset against any other entitlements under your contract, except holiday pay. If your employer does not pay you SMP, you should be given form SMP1 explaining why you are not being paid. You can query this with your local Inland Revenue office.