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Statutory Maternity Pay
Statutory Maternity Pay is a benefit which is paid to pregnant employees for a period of up to 26 weeks while you take time off work.
Providing you qualify, your employer will be obliged to pay you Statutory Sick Pay. Some employers may offer a more generous amount of pay, but Statutory Sick Pay is the minimum amount that the law requires an employer to pay – so if they do, they are breaking the law!
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Do I qualify?
You will qualify for Statutory Maternity Pay if:
- You are aged 16 or over, and;
- You are pregnant and within 11 weeks of your expected week of childbirth, or you have recently given birth and;
- You are employed, and by the time you have reached the 15th week before you expected week of childbirth, you have worked for the same employer for 26 continuous weeks, full-time or part-time, and;
- Your earnings are at least equal to the lower earnings limit for National Insurance Contributions (currently £79.00 a week)
How much will I receive?
For the first 6 weeks, you should receive 90% of your average weekly earnings. For the remaining 26 weeks, you should either receive 90% of your average earnings, or £108.85 a week (whichever is lower).
How do I claim?
You must give your employer at least 28 days notice of the date from which you intend your maternity pay period to start. If your employer requests it, you may have to give your notice in writing.
You must also supply your employer with evidence of the expected week of childbirth (with form MA1, provided by your doctor or midwife). You must supply this evidence no later than 3 weeks after the start of your maternity pay period.
The earliest date your maternity pay period can begin is the start of the 11th week before the expected week of childbirth (unless your baby was born before this), and the latest date is the Sunday after your baby is actually born.
Is there anything else I should know?
If after the 15th week before the baby is due, or at any time while you are receiving Statutory Maternity Pay, you give up your job or are dismissed, your employer may still be obliged to pay you. You may also be able to claim if you are dismissed earlier – so take advice.
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