However, as occupational maternity pay (on top of SMP) is a benefit from your employer you will need to check your contract or maternity policy to find out your employer’s full repayment conditions. For more information, see Pregnancy Discrimination. Do I still get SMP if my job ends after the 15th week before my baby is due? 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. For more information, see Rights for parents with more than one job. 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. Your employer can pay the SMP in a lump sum (although they may have to pay more National Insurance) or they can continue to pay your SMP through the weekly/monthly payroll. 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. If your baby is born early, your maternity leave and SMP or MA will start on the day after the birth. 6478568 you have paid or been credited with enough National Insurance contributions during the last three tax years that do not overlap the current calendar. My employer has introduced an occupational maternity pay policy. Employment tribunals: a system in crisis? National Insurance contributions. Once your maternity leave has ended you are ‘back at work’ even if you are taking other types of leave. If your job ends after the 15. you are paid at least £120 (before tax) per week (April 2020 – April 2021) in earnings, you have a pregnancy-related illness/absence in the 4 weeks before your expected week of childbirth, or, your baby is born before you have started your maternity, the date on which you intend to start your maternity leave, you need to have been employed or self-employed for at least 26 weeks (they do not need to be in a row) out of the 66 weeks before your expected week of childbirth, and. If you were employed in both jobs in the 15th week before your baby is due and you do some work for employer B (who is not paying you SMP), it will not affect your SMP and you can work for employer B either before or after the birth. SMP is not classed as public funds. You are entitled to receive SMP for the full 39 weeks once you have qualified for it. You should give your employer or the JobCentre Plus your MATB1 maternity certificate and evidence of your baby’s date of birth such as a birth certificate, within 21 days of the birth or as soon as reasonably practicable. 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. This means that any weeks of annual leave will usually count towards being back at work. 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. Your KIT days apply to each job separately. You will need to notify your employer to stop paying SMP once you start agency work as it will be regarded as a new job. That is the earliest date you can send your claim in. For more information, see Dealing with problems at work. Information about pregnancy and work (maternity and paternity rights, breast-feeding at work), welfare benefit rights and health care rights for parents. I got a pay rise after going on maternity leave. www2.parl.gc.ca. If there is a good reason why that is not possible, tell your employer as soon as you reasonably can. Employment and Support Allowance (Maternity). 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. You can get further advice from Maternity Action if you are refused contributory benefits because of a period of unpaid maternity leave. Runs a free legal helpline on 0161 930 5300. When you claim MA, the Jobcentre Plus will contact HMRC to check your NI record. Your period of entitlement to maternity allowance is determined in accordance with your accrued qualifying period: if you have paid insurance contributions for either 10 of the 14 months, or 15 of the 22 months preceding the cessation of work - you will be entitled to a maximum maternity allowance for a period of 15 weeks (105 days of entitlement) . Student bursaries do not count as earnings for SMP calculations. You can count weeks of employment in an EU/EEA country. You will need to notify Jobcentre Plus in order to ‘curtail’ (reduce) your Maternity Allowance period if you want to create shared parental leave/pay for your partner. Labour has called on the government to take urgent action to ensure that women who have been pregnant during the pandemic do not have their maternity … 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. Can I still get SMP if I am dismissed, made redundant or my fixed-term contract ends? If you qualify for Maternity Allowance, you will not be able to qualify for Statutory Shared Parental Pay but your partner may be able to qualify for shared parental leave and pay if you intend to return to work early or reduce your maternity leave/Maternity Allowance period. Like SMP, maternity allowance can be claimed as early as 11 weeks prior to your due date (though most parents take it later). I can only get SMP from my main job. If you do not agree with the decision you can ask to appeal and you can get further advice from Maternity Action, see Where to go for more help. 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. For more information on how to find your local Citizens Advice Bureau, see: https://www.citizensadvice.org.uk/about-us/contact-us/contact-us/contact-us/, If you are eligible for legal aid you can get free legal advice on 0345 345 4 345 (offers translation service). 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. Therefore, your SMP will be reduced if you are receiving childcare vouchers which are exempt from National Insurance contributions under a salary sacrifice scheme. Maternity pay and calculator. SMP is treated as earnings and is partially disregarded under Universal Credit rules but all of Maternity Allowance is treated as unearned income and is deducted from a Universal Credit award. Maternity pay and benefits Eligibility for Statutory Maternity Pay (SMP) depends on your average earnings in approximately weeks 18 to 26 of your pregnancy. 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. If you were working for a country outside the EU/EEA you may be able to count weeks of work under social security agreements with some countries. You can get further advice from Maternity Action if you are refused contributory benefits because of a period of unpaid maternity leave. Moore and Others v Secretary of State for Work and Pensions  EWHC 2827 (Admin). De très nombreux exemples de phrases traduites contenant "statutory maternity leave" – Dictionnaire français-anglais et moteur de recherche de traductions françaises. Your employer cannot offset SMP against a payment in lieu of notice. Your employer can offset your SMP against any other contractual remuneration payable e.g. 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. If you are claiming MA on the basis of self-employment you will be treated as having the following earnings regardless of the amount you actually earn: Following changes to the collection of Class 2 national insurance contributions (NICs), Class 2 NICs are now paid when you make your Self-Assessment tax return. The maternity allowance is designed to compensate the new mother for the loss of her salary during her absence from work on the occasion of pregnancy or childbirth. FAQs: Covid-19 – rights and benefits during pregnancy and maternity leave, Pregnant during maternity leave (expecting again), Miscarriage, stillbirth and neonatal death, Redundancy during pregnancy, maternity and parental leave, Health and safety, sickness and breastfeeding, Health and safety during pregnancy/on return to work, Continuing to breastfeed when you return to work, Sickness during pregnancy and maternity leave, and on return to work, Postnatal depression/depression in pregnancy, Self-employed, agency and zero-hours work, Rights for parents with more than one job, ‘Ordinarily Resident’ in the UK: entitlement to NHS maternity care in England, Information-sharing between the NHS and Home Office in England. Have you been charged for NHS maternity care in England? If you continue to use this site we will assume that you are happy with it. For more information, see Shared parental leave. Can I do self-employed work if I am receiving SMP? If you work for more than ten KIT days and you are receiving MA, the JobCentre Plus will decide how much MA you will lose. If there is a dispute you can contact the HMRC Statutory Payments Disputes Team on 0300 322 9422, see Where to go for more help. It is very important to get up-to-date advice as law and guidance changes. You will also need your MATB1 maternity certificate from your midwife which you can get once you are at least 20 weeks’ pregnant and payslips covering a 13 week period. The Employment Appeal Tribunal decided that as childcare vouchers are normally provided by salary-sacrifice they form part of an employee’s pay and an employee is not entitled to them during maternity leave. For more information, see Resignation during pregnancy and maternity leave. The number is very busy so you may need to keep trying. You must contact the HMRC Statutory Payments Disputes Team on 0300 322 9422 within six months. action. Once you have qualified for SMP you are entitled to receive it for 39 weeks (unless you start a new job for a new employer). You must contact ACAS Early Conciliation within the time limit on 0300 123 11 00 before making a tribunal claim. Families in receipt of Child Benefit will be subject to a high earner child benefit charge if one or more parent earns over £50,000. You and your partner should check your employers’ maternity and shared parental leave policies (if they have any) before giving notice to take shared parental leave. Dividends that are not subject to tax and National Insurance are not counted as earnings for SMP purposes. 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, Unpredictable earnings – how insecure work leaves new mothers struggling to plan their finances. Charity reg. If you are claiming MA as the spouse or civil partner of a self-employed person, it is payable for 14 weeks at the rate of £27 per week. You will be entitled to lower rate MA of £27 per week. Hello Our friends at Maternity Action (who have run several clinics on MN about maternity employment rights) have written a blog post covering legal rights in pregnancy with relation to COVID-19. You can start work for a new employer and still receive SMP from your old employer before the birth (regardless of whether you were employed by the new employer in the 15th week before baby was due). Can my employer pay my SMP in a lump sum? Your employer should give you form SMP1 explaining why you did not qualify for SMP. Your employer must also give back your MATB1 maternity certificate so that you can make a claim for Maternity Allowance. Can my employer deduct the value of childcare vouchers from my SMP? Maternity and Adoption Benefits * Indicates mandatory information ... allowance or non-contributory pensions in accordance with the Social Security Act (Cap. Can I still get occupational maternity pay if I don’t qualify for SMP or Maternity Allowance? Does my employer have to give me a decision about my maternity pay? (For office enquiries only, we cannot respond to advice requests from this email address. This must be backdated if MA has already started to be paid at the lower rate. you have been employed by the same employer for at least 26 weeks by the end of the 15th week before your expected week of The 15, you are still employed in the same job in all or part of the 15th week before your expected week of You are counted as being in work in that week even if you only work for one day or part of a day or you are off sick or on holiday. Agency workers, ‘Bank’ nurses, supply teachers, casual workers and zero hours workers who are paid through PAYE, with tax and National Insurance deducted by their employer, are entitled to SMP if you meet the normal qualifying conditions. If you need to make an early payment of Class 2 NICs the Jobcentre Plus will be notified by HMRC once you have paid your NICs and you will be entitled to the standard rate. What deductions can my employer make from my SMP? You must be registered as self-employed with HMRC. This is calculated as being in or after the 16th week before the week your baby was due. Maternity Action was campaigning on this issue long before the onset of the Covid19 pandemic, but the current lockdown and eventual transition out of the crisis is almost certain to increase the number of women who narrowly fail to qualify for SMP, and end up on Maternity Allowance. If you are receiving Maternity Allowance but you would qualify for SMP after receiving a pay rise, you should ask your employer to recalculate your average earnings as you are entitled to benefit from a pay rise. We’ve been told that DWP are training new staff to try to speed up the process and are fast tracking emergency cases. You may be able to claim other family benefits during your maternity pay period, see below. Therefore, the employer must: take maternity leave into consideration when calculating the days of annual leave. For more information, see Rights for parents with more than one job. Maternity Action reports huge demand for its advice line, especially topics such as redundancy during maternity leave, return to work, maternity pay and rights during pregnancy, and on Mumsnet's Talk forums, the topic of employment rights is a hardy perennial. The JobCentre Plus will work out whether you can get the benefit. If you are not sure, you can get advice from HM Revenue & Customs. We promote gender equality and the health and well-being of all pregnant women, new mothers and their families. If you start a new job before the end of your 39 week maternity pay period (count forward 39 weeks from the date your SMP started), you will need to repay any SMP that you owe and you should talk to your old employer to arrange the repayment. You should ask your employer to confirm how much you will be paid for KIT days and whether your employer will offset your SMP against the contractual pay or whether you will be paid SMP as well as your normal daily rate. you can find 13 weeks (they do not need to be in a row) in which you earned over £30 per week on average. If you received Statutory Sick Pay (SSP) during all of the weeks used to calculate your average earnings for SMP you will not have earned enough to qualify for SMP and you should claim Maternity Allowance instead. Website: Maternity Action Contact details: 52-54 Featherstone Street London EC1Y 8RT. Women eligible for Statutory Maternity Pay receive six weeks at 90% of salary followed by 33 weeks at the maximum flat rate of £139.58. Once you have done more than ten KIT days for an employer who is paying you SMP, the employer paying your SMP must stop paying SMP for any weeks in which you do any further work. MA is paid by the Jobcentre Plus for 39 weeks. You must claim your Maternity Allowance within three months of your entitlement starting or you will lose some or all of it. 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. : This, the Church's activity and mission, is an expression of her motherhood. I receive childcare vouchers under a salary sacrifice scheme, will it affect my SMP? You can send in your Maternity Allowance claim form while you are waiting for some of these documents. 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. If you have paid sufficient Class 2 NICs you will qualify for MA at the standard rate of £151.20. no. This service is available for women, their friends and family, midwives and other health professionals, community workers and other advisers. I have given my employer notice of my maternity leave and pay, as well as my MATB1 form, but my employer has not told me if I will get SMP. Charity reg. For more information on Universal Credit, see: www.gov.uk/universal-credit, For an online benefits calculator, see www.betteroffcalculator.co.uk. Unfortunately the rules on calculating SMP are very rigid and your employer will not have any discretion if your earnings are lower than normal in the SMP calculation period. For more information, see Premature births – rights to maternity leave and pay. This guide is for information purposes only and should not be treated as legal advice. If you do not have enough money to pay yourself SMP, you can claim advance payment from your HMRC Accounts Office: www.gov.uk/recover-statutory-payments/if-you-cant-afford-to-make-payments, If you do not meet the qualifying conditions for SMP, you can claim Maternity Allowance from the JobCentre Plus as an employee, see section above on Maternity Allowance. 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. 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. 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. SMP cannot be offset against statutory redundancy pay. Maternity Action champions maternity rights at work, in the benefits system and in access to maternity care. Employees and workers can claim SMP if you meet the normal qualifying conditions. 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. You should gather as much evidence as possible about how long you would have expected your job to last, whether there is still work to do and evidence of the timing of your employer’s decision to end your contract. Any settlement agreement that you are asked to sign must state: If the settlement agreement does not specify the amount of SMP payable, you would be entitled to ask your employer to pay any outstanding SMP. 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. For the full list of public funds, see: https://www.gov.uk/government/publications/public-funds For more information on maternity rights and benefits if you are subject to immigration control, see: https://maternityaction.org.uk/women-from-abroad/. The amount you can get depends on your eligibility. Maternity Action’s advice line has seen a spike in calls about delays in processing Maternity Allowance claims since the end of the summer. You can get SMP if you are an employee or worker, such as a casual or agency worker and you are paid through PAYE (with tax and National Insurance deducted at source) and you meet the qualifying conditions below. If you need further advice on this please call our Maternity Rights Advice Line (National except London) – 0808 802 0029, Maternity Rights Advice Line (London) – 0808 802 0057. You can currently only contact the Insolvency Service online. You should choose the weeks in which you earned the most. You will be treated as having 26 weeks continuous employment even if you were unable to work because of sickness, annual leave, pregnancy or there was no work available in any particular week. Statutory Maternity Pay (SMP) is paid for up to 39 weeks. ), Company no. What happens if I work during my SMP period? : Cette action et mission de l'Église exprime sa maternité. You should get a class 1 NIC credit automatically for any week that you are on MA, see www.gov.uk/national-insurance-credits/eligibility. If you received SSP during part of the period used to calculate your average earnings, you may still be able to claim SMP but your SMP may be reduced. Maternity Action. Maternity leave: the basics. If your employer provides occupational maternity pay you only have to repay it if that was agreed before your maternity leave or the repayment conditions were stated in your maternity policy. 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 Once you have given notice to end your maternity leave and pay early you cannot go back on to it, except in very limited circumstances, so you must be sure that either you or your partner can take the shared parental leave booked. You can ask the Jobcentre Plus to look at your claim again. Can I still get maternity pay if my baby is stillborn? Once you have qualified for SMP, you are entitled to receive it for the full 39 weeks (unless you start a new job for a new employer). 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. If you are refused MA because you registered your self-employment late but have been self-employed for long enough to qualify for MA you can get further advice from Maternity Action. 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. Maternity Action is the UK’s leading charity committed to ending inequality and improving the health of pregnant women, partners and young children. If you were registered with the agency in the 15th week before your baby was due you are entitled to take on agency work both before and after the birth and it will not affect your SMP from your main job. 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. 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. the full amount of SMP to which you are entitled, the full amount of contractual redundancy payment you are entitled. Hello Mumsnet and Maternity Action are teaming up once again to provide an online legal clinic, offering free advice on pregnancy, maternity and parental rights at work from volunteer employment solicitors and barristers who are members of the Employment Law Association. You can also claim MA if you are the spouse or civil partner of a self-employed person and you help in their business. Office telephone: 020 7253 2288 If you or your partner are receiving Income Support, income-based Jobseekers Allowance, Universal Credit or Child Tax Credit you may be entitled to a Sure Start Maternity Grant of £500 for your first child (or if there are no other children aged under 16 in your family) or first multiple birth. What earnings do I need to show if I am self-employed? Maternity Action welcomes the opportunity to submit evidence to the Economic Affairs Committee’s inquiry on the Economics of Universal Credit. Until March 2016 childcare vouchers were considered to be a. non-cash benefit which you continued to be entitled to during maternity leave even if you were not earning any salary that could be sacrificed. Otherwise MA will be paid at the lower rate of £27 per week. two months before the 15th week before your baby is due. The same applies if one or both of your jobs is agency work, casual work, ‘Bank’ nursing or supply teaching. (For office enquiries only, we cannot respond to advice requests from this email address. I do agency work as well as my main job. You can find an online calculator here: … If you are getting SMP from one job – employer A, you can work for up to ten KIT days for employer A who is paying you SMP without losing your SMP. What can I do? They have a helpline. You have the right to ask your employer to take action to protect your health and safety and that of your baby. This information sheet outlines how to qualify for: SMP is paid for 39 weeks. You and/or your partner can take shared parental leave and pay if you both meet the qualifying conditions and you intend to return to work early or reduce your maternity leave/SMP period. If your employer does not pay your full SMP you should contact the HMRC Statutory Payments Disputes Team. You can get MA if you have changed jobs during pregnancy or you do not earn enough to get SMP or you are unemployed or self-employed during pregnancy. You can count any weeks in the 66 week period and include weeks of employed and self-employed work. For more information on redundancy, see Redundancy during pregnancy and maternity leave. My employer has said they no longer have enough work for me but I think that they are dismissing me to avoid having to pay my SMP. when the policy came into force or whether it applies to babies due on or after a certain date. This motion has been signed by 118 Members. If you get a pay rise which is effective from anytime between the start of the eight week calculation period for SMP and the end of your maternity leave, your employer should re-calculate your average earnings and adjust the amount of SMP you get. 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