Unless the contract says otherwise, you do not have to provide maternity pay after this period has ended. You can use the maternity pay calculator on GOV. A pregnant employee or worker might be eligible for Maternity Allowance, if they cannot get enhanced maternity pay or SMP. If they do not return to work after maternity leave, the employee might have to repay maternity pay depending on the type of pay and what their contract says.
The employee must repay some or all of their enhanced maternity pay if the written terms of their employment say so. Find out more about maternity pay for agency workers. By law, an employee is protected against discrimination from the start of their pregnancy until they either:. Find out more about discrimination and the law. If you like, you can tell us more about what was useful on this page. Please do not include any personal details, for example email address or phone number.
They will work out your average weekly earnings over this set period to find out if you qualify for Statutory Maternity Pay and how much to pay you. It is paid:. The LEL that applies to you is the one which is current on the Saturday at the end of your qualifying week. The LEL changes every year.
To calculate your average weekly earnings your employer will average your gross earnings over a period of at least eight weeks up to and including the last payday before the end of your qualifying week. The qualifying week is the 15th week before the week your baby is due.
This period may vary depending on how often you are paid — weekly, monthly or other intervals. Your employer will take into account your gross pay that you received in the set period, as long as it counts for National Insurance NI contributions or would count if you earned enough or were old enough to pay NI contributions. If you get sick pay, overtime payments, bonus payments, arrears of pay or holiday pay this is all included to work out your SMP, if you actually get them in your set period.
It is when you get paid the money that counts, not when it was actually earned. If your employer awards a pay rise which is effective at any time from the start of the set period used to work out your SMP and the end of your maternity leave, your employer must work out your SMP again and pay you any balance due to you. If you have a salary sacrifice arrangement in place during the period used to work out your SMP, the SMP average weekly earnings calculation will be based on your contractual earnings which count for NI contributions.
This could mean that your average weekly earnings may not reach the LEL for payment. If you are a student who is getting a bursary, your bursary is not treated as earnings for SMP purposes. Most employees, freelancers, agency workers, casual and zero hours workers can get some maternity pay Gov. Employers claim back SMP from the Government. Try this online calculator to see how much maternity pay you could get. Check your contract or talk to your HR department to find out what yours is.
Fortunately, if you have to repay any contractual maternity pay you can ask to repay it in small instalments Gov. You should choose 13 weeks in which you earned the most. You can use earnings from more than one job Gov. If you are self-employed and have not had an opportunity to make a self-assessment tax return, you will be given an opportunity to update your Class 2 National Insurance contributions when you make a claim for MA Gov.
The earliest MA can start is 11 weeks before your baby is due. MA will usually start on the same date as you decide to start your maternity leave Gov. If you are not sure if you can get MA, you should claim it and the Jobcentre Plus will check. If not, see above for details of Maternity Allowance Gov. How much is unpaid If you take the full 52 weeks' maternity leave, the last 13 weeks are unpaid unless your contract offers enhanced maternity pay. For example, you might get 26 weeks of full pay followed by 13 weeks of SMP.
You should check your contract or talk to your employer to find out: if you're entitled to enhanced maternity pay the amount of pay you get how long you get it for If your employer offers enhanced maternity pay, you might have to repay some or all of the enhanced amount anything more than SMP if you: do not to return to work leave shortly after maternity leave This should be clearly set out in your contract. Print Download.
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