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Maternity Allowance is £151.20 pw or 90% of your average earnings if they are lower and it is paid for up to 39 weeks. If you have missed out because you are already on maternity leave or you have just missed the eligibility date you cannot insist on occupational maternity pay but you can try to negotiate it with your employer. Depending on your circumstances, this could be worth up to £139.58 a week for 39 weeks, tax-free. This information sheet was produced in April 2020. The same rules apply if you do casual work, ‘Bank’ nursing or you are a supply teacher. You can get further advice from Maternity Action if you are refused contributory benefits because of a period of unpaid maternity leave. payslips or letter/emails confirming your employment, and you have evidence that you continued to accept work after the qualifying week or you intended to carry on working for the employer/Bank/agency after the birth. If you had to take sick leave because of pregnancy-related discrimination or because your employer failed to take action to protect your health and safety, see: Pregnancy discrimination and Health and safety during pregnancy and on return to work. There are special rules on continuous service for temporary and seasonal workers which may allow you to count weeks when you were not working. Agency, casual and other workers are not entitled to maternity leave, unless stated in their contract, but may qualify for maternity pay under the normal They deduct any tax and National Insurance contributions. Statutory Maternity Pay is treated as ‘earnings’ and is partially disregarded from any Universal Credit award as a result of the … You may be eligible for Universal Credit if you are on a low income or you need help paying your rent. Maternity allowance paid unduly must be reimbursed. We offer information and free telephone advice on rights at work for pregnant women and new parents on our Maternity Rights Advice Line 0808 802 0029 (National except London) and 0808 802 0057 (if you live or work in London). Once your baby has been born you cannot continue to get SMP from your old employer if you start work for a new employer, unless you were employed by the new employer in the 15th week before your baby was due. You may be able to claim other family benefits during your maternity pay period, see below. You can add together earnings from more than one Note: if you send in payslips when you received furlough pay, you can ask the MA Claims Department to work out your average weekly earnings using the pay you would have received, not your furlough pay. This applies even if you do not intend to return to work. When you claim MA, the Jobcentre Plus will contact HMRC to check your NI record. You can also get the claim form online here: www.gov.uk/government/publications/maternity-allowance-claim-form. If you are not allowed to return to work because of absence due to pregnancy or childbirth you may have a claim for pregnancy or maternity-related discrimination. Maternity Action has written to the Department of Work and Pensions to ask why the delays are occurring and calling for urgent action. This process is only available if you wish to claim MA. Website: ... Education Maintenance Allowance (Scottish Government) Maternity Action asks DWP to address delay in Maternity Allowance. Contribution-based ESA is not classed as public funds. It is up to you to decide when you want to start maternity leave and you should notify the Jobcentre Plus on your MA1 claim form. You can still get SMP if you were employed in all or part of the 15th week before your baby is due and you meet the qualifying conditions for SMP. We use cookies to ensure that we give you the best experience on our website. After the first six weeks, you get a flat rate of £151.20 per week (April 2020 – April 2021) for 33 weeks or 90% of your average earnings if that is less. Universal Credit, Maternity Allowance & SMP EDM (Early Day Motion) 421: tabled on 04 May 2020 . It can be any 26 weeks, they don't need to be in a row, and it can include work with more than one employer. A father, too, can replace his spouse during part of the birth and parenthood leave, and receive a paternity allowance. You must contact ACAS Early Conciliation within the time limit on 0300 123 11 00 before making a tribunal claim. Employment and Support Allowance (Maternity). For example, if your partner intends to take three months shared parental leave, you will need to reduce your Maternity Allowance period by three months. If you are not sure if you are entitled to SMP, you should ask anyway by giving the correct notice and your employer will work out whether or not you qualify. SMP is 90% of your wages for 6 weeks and £151.20 per week for 33 weeks and is yours to keep regardless of whether you go back to work. You can get further advice from Maternity Action if you are refused contributory benefits because of a period of unpaid maternity leave. You can telephone the Maternity Allowance claim centre on: When your claim is processed, you will get a lump sum payment which includes the money owed to you. The case was heard as a "rolled up" hearing on 24th and 25th June 2020 and … You are also entitled to receive SMP in cash. Maternity Action. Maternity allowance paid unduly must be reimbursed. You may be able to get occupational maternity pay from your employer even if you do not qualify for SMP or MA. MA is paid by the Jobcentre Plus for 39 weeks. You can get SMP even if you do not plan to go back to work or your job ends after the 15th week before your baby is due. All employees have the right to 52 weeks maternity leave and most women can qualify for 39 weeks’ Statutory Maternity Pay or Maternity Allowance. Where can I get more information on help with childcare costs? Maternity and Adoption Benefits * Indicates mandatory information ... allowance or non-contributory pensions in accordance with the Social Security Act (Cap. If your self-assessment profits are at or above the small profits threshold you will pay Class 2 NICs via self-assessment. For more information see: www.gov.uk/claim-benefits-abroad/maternity-and-childcare-benefits, You can get more information on claiming MA if you have been working abroad or you are going abroad from the International Pension Centre on 0191 218 7644 or by email: tvp.internationalqueries@dwp.gsi.gov.uk, You can include periods of work abroad in Part 8 of the MA1 claim form: www.gov.uk/government/publications/maternity-allowance-claim-form. If you qualify for SMP from one employer but do not meet the qualifying conditions for SMP for the other employer, you cannot claim Maternity Allowance as you will be getting SMP from your main job. Maternity Action has recently drawn attention to the delays some women are facing in accessing Maternity Allowance. Information about pregnancy and work (maternity and paternity rights, breast-feeding at work), welfare benefit rights and health care rights for parents. Do I still get SMP if my job ends after the 15th week before my baby is due? ), Company no. Your employer cannot make you opt out of a salary sacrifice scheme. You can get Employment and Support Allowance (ESA) for a short maternity period before and after the birth if you do not qualify for SMP or MA but have done some work in the last three years but not recently. (For office enquiries only, we cannot respond to advice requests from this email address. If you were not registered with the agency in the 15th week before your baby was due and taking on work, you can accept agency work before your baby’s birth and get SMP but after the birth your SMP will stop once you take on agency work. For more information on redundancy, see Redundancy during pregnancy and maternity leave. Maternity pay and calculator. Maternity allowance (MA) is a payment scheme designed to help parents who don’t qualify for statutory maternity pay afford the costs of caring for a new baby. Once your baby is born you can claim Child Benefit. However, following the Peninsula Business Services Ltd v Donaldson case, the Employment Appeal Tribunal decided that it is not discriminatory for an employer to discontinue childcare vouchers during maternity leave. I got a pay rise after going on maternity leave. You do not need to prove your earnings if you are claiming MA as a self-employed women as the JobCentre Plus will check your National Insurance contributions record. What can I do? Unlike Statutory Maternity Pay, which is largely disregarded by the DWP, Maternity Allowance is treated as ‘unearned income’ and is deducted in full from any Universal Credit award. Does my employer have to give me a decision about my maternity pay? Student bursaries do not count as earnings for SMP calculations. You must be registered as self-employed with HMRC. If you were paid your SMP in a lump sum, you must return any overpayment to your old employer. Your average weekly earnings for SMP will be based on all your gross earnings that are subject to. You are entitled to written reasons for the dismissal. www2.parl.gc.ca. to full pay or half pay) you will not get the occupational part of your maternity pay after your employment ends unless it is agreed as part of your termination of employment. Should I get more SMP? Agency, casual and other workers are not entitled to maternity leave, unless stated in their contract, but may qualify for maternity pay under the normal. For information on maternity and parental rights at work and benefits, see: www.maternityaction.org.uk, Nationwide (except London) – 0808 802 0029, For opening hours see: https://maternityaction.org.uk/advice-line/, For advice on employment rights or for Early Conciliation if you are thinking of making a tribunal claim www.acas.org.uk, Helpline: 0300 123 11 00 (offers telephone interpreting service), For information about your rights see: www.citizensadvice.org.uk, You can telephone the national Citizens Advice phone service on 03444 111 444, You can get help with Universal Credit claims through the free national Help to Claim service: England: 0800 144 8444, Wales: 0800 024 1220, Scotland: 0800 023 2581. Maternity pay and calculator. Your employer can claim reimbursement for any SMP paid to you (including the first 6 weeks): https://www.gov.uk/recover-statutory-payments. If you have not yet submitted your Self-Assessment tax return and paid Class 2 NICs and you wish to make a claim for Maternity Allowance, you should contact Jobcentre Plus and make your claim for MA as soon as possible after the 15th week before your baby is due. Therefore, the employer must: take maternity leave into consideration when calculating the days of annual leave. It is paid from six weeks before your baby is due until two weeks after your baby is born. This will include any day in which you do some work, even if it’s just for half an hour, and will include any employed or self-employed work you do. You can work for up to ten keeping in touch (KIT) days without bringing your maternity leave to an end or losing your SMP/MA. For queries about Statutory Maternity Pay, Adoption Pay, Paternity Pay and Shared Parental Pay: For detailed guidance for employers on SMP, SAP, SPP and Statutory Sick Pay see www.gov.uk/government/collections/statutory-pay, For payments of Statutory Maternity Pay/Adoption Pay/Paternity Pay/Shared Parental Pay or Statutory Sick Pay if your employer has gone. If you are refused SMP because of breaks in your employment record your employer should give you form SMP1. Helpline: 0808 802 0029. Maternity Action has recently drawn attention to the delays some women are facing in accessing Maternity Allowance. I’ve had 2 accountants and various different bodies looking in to it and this is the first definitive response we’ve had from Maternity Action: We've just heard that receiving Maternity Allowance (MA) during the current period will not disqualify you from help under the Self-employed Income Support Scheme. You may be entitled to leave a salary sacrifice scheme during pregnancy so that your SMP is not affected, subject to the terms of the salary sacrifice agreement, but you will need to do this well before the SMP calculation period for average earnings and you will need to discuss the consequences of this with your employer. My employer has told me they do not have enough money to pay my SMP. Charity reg. Can I start work for a new employer if I am receiving SMP from my old employer? If you work for more than ten KIT days during the MA period, the JobCentre Plus will decide how much MA you will lose. You are entitled to written reasons for your dismissal. At that point, Abigail sought advice from Maternity Action, and her MP. If you pay a class 2 NI contribution, you will be treated as earning £151.20 a week (April 2020-April 2021). My employer has gone into liquidation. NHS maternity care – refusals and delays due to charging, EEA and Swiss nationals and family members, Indefinite leave to remain, right of abode and British citizenship, A Toolkit for Campaigning against NHS Charges for Pregnant Migrant Women, Guidance on improving access to maternity care for women affected by charging, End unfair redundancies for pregnant women and new mothers, Responses to consultations and submissions, Maternity Allowance if you are self-employed, Employment and Support Allowance (Maternity), Frequently asked questions about maternity pay, https://maternityaction.org.uk/women-from-abroad/, https://www.gov.uk/recover-statutory-payments, www.gov.uk/recover-statutory-payments/if-you-cant-afford-to-make-payments, www.gov.uk/government/publications/maternity-allowance-claim-form, www.gov.uk/log-in-file-self-assessment-tax-return/register-if-youre-self-employed, https://www.gov.uk/government/publications/public-funds, www.gov.uk/register-employer?step-by-step-nav=dc77c606-cc6b-49ac-9f40-b96959d02539, www.gov.uk/childcare-vouchers-better-off-calculator, www.familyandchildcaretrust.org/help-your-childcare-costs#free-childcare-and-education, https://www.gov.uk/guidance/check-if-you-can-get-tax-free-childcare-and-30-hours-free-childcare-during-coronavirus-covid-19, neonatal death – rights to time off and pay for, https://www.moneyadviceservice.org.uk/en/articles/free-financial-advice-your-options, www.gov.uk/child-tax-credit/already-claiming, https://maternityaction.org.uk/advice-line/, www.equalityhumanrights.com/about-us/our-work/key-projects/, managing-pregnancy-and-maternity-workplace, https://www.gov.uk/guidance/statutory-pay-entitlement-how-to-deal-with-disagreements, https://www.gov.uk/your-rights-if-your-employer-is-insolvent, Pregnant during maternity leave (when you are expecting, More than one job – your maternity rights and, Miscarriage, stillbirth and neonatal death – rights to time off, Postnatal depression and depression during pregnancy – your, Derechos por embarazo y maternidad de las mujeres, Pregnancy and maternity rights for Spanish speaking workers, Información para mujeres de habla hispana sobre ayudas, Gravidez e direitos de maternidade para trabalhadoras que, Pregnancy and maternity rights for Portuguese speaking, Money for parents and babies for Portuguese speakers (in, Maternity Allowance if you are self-employed, and. These rules apply if one or both of your jobs is agency work, casual work, ‘Bank’ nursing or supply teaching. You are still entitled to your SMP for 39 weeks (once you have qualified for it) even if your employment ends. Maternity Action’s advice line has seen a spike in calls about delays in processing Maternity Allowance claims since the end of the summer. Tabled in the 2019-21 session. If your visa expires after you have qualified for SMP or you are going abroad to have your baby, or for any other reason, you are still entitled to receive your full SMP as you have met the qualifying conditions. Media enquiries: 07727 929683 Freelancers, temps and others who don't qualify for the statutory package leave may be able to get maternity allowance. The earliest you can start your SMP is 11 weeks before the expected week of childbirth. If your SMP is not high enough for you to pay National Insurance or to be treated as paying a class 1 NIC, you can apply for class 1 NI credits, see www.gov.uk/ national-insurance-credits/eligibility. Ask your MP to sign Early Day Motion 421 on the inequitable treatment of Maternity Allowance in the calculation of Universal Credit awards Ask your MP to sign Early Day Motion 56 on the suspension of NHS charges for maternity care Maternity Action. How to give notice for maternity leave and pay. If you’re an employee, you’re entitled to take up to a year off work (Gov.uk, 2019a; Maternity Action, 2019).How much time you take off though will probably be based on factors like your finances, career path and childcare.. Pay-wise, companies have different policies on how much you’ll get and for how long. You do not have to pay any of your SMP back if you do not return to work. This motion has been signed by 118 Members. For more information see Miscarriage, stillbirth and neonatal death – rights to time off and pay for parents. You must ask for a mandatory reconsideration within 28 days. Can I get SMP from more than one employer? To get SMP you MUST give your employer a copy of your maternity certificate (form MAT B1) stating your expected week of childbirth which your midwife or GP will give you when you are about 20 weeks pregnant. It has not yet had any amendments submitted. You can take the leave together or separately e.g. Do not delay claiming Maternity Allowance while you are waiting for the SMP1 form. Have you been charged for NHS maternity care in England? Maternity Action is a small charity and is currently unable to offer detailed email advice about complex employment problems. As a result of staff shortages, a backlog has built up and the Department for Work and Pensions is saying that delays are currently up to 14 weeks. No, you are entitled to your SMP in full. The same rules apply as for the questions above and it depends whether you were registered with the agency in the 15th week before your baby is due and have evidence that you already did some work for the agency. MA is paid at the rate of £151.20 per week (April 2020 – April 2021) or 90% of your average earnings (if that is less). National Insurance contributions. You do not have to repay any SMP for the period before you started your new job. The only exception to this is where you received furlough pay during the calculation period. Self-employed women can claim Maternity Allowance (MA) if you have been self-employed for at least 26 weeks in the 66 weeks before your baby is due. This means that you can do self-employed work before or after the birth and you can start self-employment after the birth without losing your SMP. You can get MA if you have been employed (or self-employed) for at least 26 weeks in the 66 weeks before your baby is due. you can find 13 weeks (they do not need to be in a row) in which you earned over £30 per week on average. Your employer must also give back your MATB1 maternity certificate so that you can make a claim for Maternity Allowance. Your employer can claim your SMP back from HM Revenue and Customs (HMRC). Any Maternity Allowance you receive is also counted as income under the Universal Credit rules and will be deducted from any Universal Credit you are awarded. Maternity Allowance is a benefit paid by the government to pregnant women who don’t qualify for Statutory Maternity Pay. mother on maternity leave and pay, partner on shared parental leave and pay or both parents on shared parental leave. two months before the 15th week before your baby is due. A contractual redundancy payment is not subject to tax and National Insurance contributions and cannot be offset against your SMP. If you are not entitled to SMP, your employer must give you form SMP1 stating why you do not qualify for SMP. This must be backdated if MA has already started to be paid at the lower rate. Maternity Action reports huge demand for its advice line, especially topics such as redundancy during maternity leave, return to work and maternity pay, and on Mumsnet's Talk forums, the topic of employment rights is a hardy perennial. Insecure Labour:  trade unions’ vital role supporting pregnant women and new mothers. If you think that your employer has made a mistake or your employer is not paying your SMP you should contact your employer and/or payroll department and ask them to look into it. 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