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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 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. This information sheet was produced in April 2020. You are entitled to maternity leave and SMP or MA if your baby is stillborn (the date your baby was delivered) after the end of the 24th week of pregnancy. All employees have the right to 52 weeks maternity leave and most women can qualify for 39 weeks’ Statutory Maternity Pay or Maternity Allowance. Media enquiries: 07727 929683 You must ask for a mandatory reconsideration within 28 days. Maternity pay and benefits Eligibility for Statutory Maternity Pay (SMP) depends on your average earnings in approximately weeks 18 to 26 of your pregnancy. 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. 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. Do Maternity Benefits Apply To Contractual Labour Yes; As per section 2 (o) of the Act, it applies to a woman employed, whether directly or through any agency, for wages in any establishment. You will be entitled to standard rate MA of £151.20 per week. If you are concerned that your employer has not calculated your average earnings correctly you can ask your employer to check with the HMRC Employer’s Helpline 0300 200 3200 or you can contact the HMRC Statutory Payments Disputes Team on 0300 322 9422. no. It is also possible to get ESA if you are incapable of working because of illness or disability. 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. The only exception to this is where you received furlough pay during the calculation period. 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. SMP cannot be replaced by other benefits such as board and lodging or goods and services. Your employer can get help with re-calculating your SMP from the HMRC Employer’s Helpline. Find out more about maternity and parental rights for agency workers on the Maternity Action website. We’ve been told that DWP are training new staff to try to speed up the process and are fast tracking emergency cases. If your baby is born early, your maternity leave and SMP or MA will start on the day after the birth. Can I start work for a new employer if I am receiving SMP from my old employer? You can ask the Jobcentre Plus to look at your claim again. You can claim Maternity Allowance even if you are no longer working providing you can meet the qualifying conditions. Can I get SMP from more than one employer? 1128776. Can I take shared parental leave and pay? You can also get SMP if you work term-time only, you are on a fixed-term or temporary contract or you are an apprentice as long as you meet the qualifying conditions below. Can I still get SMP if I am dismissed, made redundant or my fixed-term contract ends? We do run a free adviceline which is open Monday, Tuesday and Friday between 11-2 and Thursday between 3-7. 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. If you work for more than ten KIT days during the MA period, the JobCentre Plus will decide how much MA you will lose. Find them on: Tags. L’histoire de la maternité est un thème vaste qui touche à plusieurs domaines : l’histoire des femmes et du genre, l’histoire politique, l’histoire sociale, l’histoire culturelle, mais aussi à diverses disciplines : la Sociologie et la Science Politique notamment. If your baby is born alive but does not survive, you continue to be entitled to full maternity leave and SMP or MA, if you meet the qualifying conditions, regardless of how long your baby lived or when your baby was born. 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. What is Maternity Allowance? 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. Dividends that are not subject to tax and National Insurance are not counted as earnings for SMP purposes. If your employer refuses to issue form SMP1, you should contact the HMRC Employee’s helpline, see Where to go for more help. 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. You are strongly advised to get personal legal advice about the individual circumstances of your case. 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. 52-54 Featherstone Street London EC1Y 8RT. ESA is £74.35per week for a person over 25 or a single parent over 18 (April 2020 – April 2021). Tax and National Insurance are not deducted from MA. For further information on your employment status for tax and NI purposes see: www.gov.uk/employment-status. Media enquiries: 07727 929683 Posted on October 18, 2019 by Carla Montemayor. Once your maternity leave has ended you are ‘back at work’ even if you are taking other types of leave. The only reason you might have to wait before sending in your Maternity Allowance claim form is when you haven’t yet met the qualifying conditions for being employed or self-employed for at least 26 weeks in the 66 weeks before your baby is due. Maternity Action - online information and telephone advice on maternity and parental rights at work, maternity pay, benefits and breastfeeding rights. 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. I have just started maternity leave and am getting SMP, am I eligible for the extra maternity pay? Employees and agency workers who have been in the same placement for at least 12 weeks have the right to reasonable paid time off for antenatal care. You should register as soon as possible but HMRC can accept late registration: www.gov.uk/log-in-file-self-assessment-tax-return/register-if-youre-self-employed. If you need to repay your occupational maternity pay you can ask to repay it in small instalments if that is all you can afford. You should only lose a reasonable amount of MA, depending on how many days you work, for example, if you worked full-time before your maternity leave, you complete ten KIT days, then continue to work for one day a week during your MA period, you should only lose 1/7th of your weekly MA payment. SMP is paid at two rates: Your employer pays your SMP in the same way as your salary is paid. 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. Your employer can offset your SMP against any other contractual remuneration payable e.g. MA can only be backdated for a maximum of three months so you may lose some or all of your MA if you apply late. In this case your employer can use the earnings you would have received, not your reduced furlough pay. 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. Do not delay claiming Maternity Allowance while you are waiting for these documents as a claim can only be backdated for three months from the start of your Maternity Allowance period. 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. Eligibility for Universal Credit depends on your total family income. Can I still get occupational maternity pay if I am dismissed, made redundant or a fixed-term contract ends? ... Maternity Action. 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. Maternity Action welcomes the opportunity to submit evidence to the Economic Affairs Committee’s inquiry on the Economics of Universal Credit. At that point, Abigail sought advice from Maternity Action, and her MP. 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 cannot give notice by the 15th week before you are due (for example because you have to go into hospital unexpectedly), you must give notice as soon as you reasonably can. 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. Office telephone: 020 7253 2288 You may be able to get occupational maternity pay from your employer even if you do not qualify for SMP or MA. 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. : This, the Church's activity and mission, is an expression of her motherhood. Where can I get more information on help with childcare costs? 6478568 Therefore, your earnings can include holiday pay, overtime, commission, bonuses arrears of pay or other sums paid during the SMP calculation period on which National Insurance contributions are paid. Depending on your circumstances, this could be worth up to £139.58 a week for 39 weeks, tax-free. The rate of ESA varies according to your circumstances. 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). 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. What can I do if my employer does not pay SMP correctly? 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. For more information, see Maternity and parental rights for self-employed parents. If you are not sure if you will qualify, you should make a claim and your Jobcentre Plus will work out whether you can get it. Do not delay claiming Maternity Allowance while you are waiting for the SMP1 form. As the mother must take at least two weeks’ (4 weeks for factory workers) compulsory maternity leave immediately after the birth, a mother can create a maximum of 50 weeks’ shared parental leave (SPL) and up to 37 weeks’ Statutory Shared … I receive childcare vouchers under a salary sacrifice scheme, will it affect my SMP? Maternity leave: the basics. Maternity Action is the UK’s leading charity committed to ending inequality and improving the health of pregnant women, partners and young children. Your maternity certificate (form MATB1) is accepted as evidence of incapacity for work for the period starting 6 weeks before the week the baby is due, to 14 days after the date on which the baby is born. For more information, see Resignation during pregnancy and maternity leave. How to give notice for maternity leave and pay. You can find more information. At that point, Abigail sought advice from Maternity Action, and her MP. 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. 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. This service is available for women, their friends and family, midwives and other health professionals, community workers and other advisers. If your self-assessment profits are at or above the small profits threshold you will pay Class 2 NICs via self-assessment. If you take any weeks of unpaid maternity leave you can get class 3 NI credits if you are claiming Child Benefit. 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. Maternity Allowance (MA) is paid by your local Jobcentre Plus for 39 weeks. Like SMP, maternity allowance can be claimed as early as 11 weeks prior to your due date (though most parents take it later). A father, too, can replace his spouse during part of the birth and parenthood leave, and receive a paternity allowance. 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. Maternity Allowance and Universal Credit. If your profits are below the small profits threshold or you make a loss you can pay Class 2 NICs voluntarily. If you are already claiming Child Tax Credit and/or Working Tax Credit you may be able to claim an additional amount for a new baby. Penalties may be imposed in the event of a deliberate violation of the duty of disclosure. You can also get the claim form online here: www.gov.uk/government/publications/maternity-allowance-claim-form. You do not need to work full-time but can include weeks when you worked for at least a day or part of a day. 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. 6478568 Charity reg. www2.parl.gc.ca. Mon – Fri 8am – 6pm, For help with claiming Universal Credit see: https://www.gov.uk/universal-credit, Tax Credit Helpline: 0345 300 3900 Mon – Fri 8am-8pm, Sat 8am-4pm, Sun 9am -5pm, Child Benefit: 0300 200 3100 Mon – Fri 8am-8pm, Sat 8am- 4pm. 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. Maternity pay and calculator. Class 3 NI credits count for pension purposes but not for entitlement to contribution-based benefits such as Employment and Support Allowance. 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. 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). Class 3 NI credits count for pension purposes but not for entitlement to contribution-based benefits such as Employment and Support Allowance. Email: info@maternityaction.org.uk What earnings do I need to show if I am self-employed? 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. In some cases, you may be registered with HMRC as self-employed and, if that is the case, you can claim Maternity Allowance as a self-employed person, see above. So, if you phone in sick on a Wednesday, your SMP period will start on Thursday. 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 If you do not meet the qualifying conditions for SMP, check whether you can claim Maternity Allowance instead. Maladie - maternité - accidents du travail - maladies professionnelles a. 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. Company no. Maternity Allowance = £148.68pw x 39 weeks = £5798 for 9 months Universal Credit for mother and baby would be £549 per month. If your profits are below the small profits threshold, you will be treated as earning £30 a week. 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. To claim ESA (Maternity), use the claim form MA1 for Maternity Allowance. 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. 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. 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 necessary, you can write to the HMRC Statutory Payments Disputes Team and ask them to pay your SMP: HM Revenue and Customs, PT Operations, Statutory Payments Dispute Team, BX9 1AN. You can get ESA if: You do not have to take a Work Capability Assessment. 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 choose the weeks in which you earned the most. You should take care to claim MA on time if you are reducing it to create shared parental leave for your partner, see below. There is a time limit of 3 months (less one day) from the date of the act you are complaining about if you are thinking of making a tribunal claim. 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. You must be given the opportunity to pay Class 2 NICs before they are due in order to qualify for MA at the standard rate of £151.20. For more information, see Rights for parents with more than one job. Statutory Maternity Pay is treated as ‘earnings’ and is partially disregarded from any Universal Credit award as a result of the … You are protected against unfair treatment and unfair dismissal because of your pregnancy. Maternity Allowance is not means-tested and does not depend on your household income. To check your eligibility see www.gov.uk/civil-legal-advice, To search for specialist legal advisers or solicitors in your area see: find-legal-advice.justice.gov.uk, Help and advice on discrimination and human rights www.equalityadvisoryservice.com, Helpline: 0808 800 0082 Mon – Fri 9am – 7pm, Sat 10am – 2pm, Equalities and Human Rights Commission (EHRC), For information and advice about discrimination law www.equalityhumanrights.com, For information for employees and employers about pregnancy and maternity rights in the workplace see: www.equalityhumanrights.com/about-us/our-work/key-projects/managing-pregnancy-and-maternity-workplace, The government’s online information service www.gov.uk, To make new telephone benefit claims or request claim forms, including Maternity Allowance and Sure Start Maternity Grant: 0800 055 6688 Mon – Fri 8am – 6pm, For ESA/JSA/Income Support claims: 0800 169 0310 Mon – Fri 8am – 6pm, For Maternity Allowance claims: 0800 169 0283 Mon – Fri 8am – 6pm, For Sure Start Maternity Grant claims: 0800 169 0140 Mon – Fri 8am – 6pm/For Best Start Grant claims in Scotland: 0800 182 2222, Universal Credit helpline – for new claims and existing online claims: 0800 328 5644. If you qualify for SMP, you will get SMP in addition to your redundancy pay. Maternity Action is the UK’s leading charity committed to ending inequality and improving the health of pregnant women, partners and young children. ), Company no. You can work right up until the date your baby is born, unless: If you are off sick with a pregnancy-related illness in the four weeks before your expected week of childbirth, your SMP will start on the day after your first day of absence from work. 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. Your average pay is based on your earnings when you are approximately 18 to 26 weeks’ pregnant. What can I do? 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. My employer has gone into liquidation. Can my employer deduct the value of childcare vouchers from my SMP? 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. The number is very busy so you may need to keep trying. See the section below for more frequently asked questions about maternity pay. You must claim your Maternity Allowance within three months of your entitlement starting or you will lose some or all of it. 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. The employer confirms that he has read and agreed to the above conditions, and declares that the information he has provided herein is accurate: Place and date Signature of the employer Please do not tack the documents together. In some cases you may benefit from an increase in earnings which will increase the amount of SMP you receive or sometimes your SMP can be reduced if your earnings are lower than normal during the SMP calculation period. Charity reg. You may be able to get MA if you do not qualify for SMP from your employer, for example, because you started a new job when you were already pregnant, your earnings are too low or you are self-employed. 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Board and lodging or goods and services salary is paid by the Jobcentre for. All women who are employed on … maternity Action is a good reason why that is the earliest can... Moment, DWP are training new staff to try to speed up the process are... Two or four weeks ( once you have the right to ask your should! Earnings that are not entitled to SMP, you will be subject to immigration control see. A certain date before your expected week of childbirth calculation period that is providing you can get the.. Non-Contributory Pensions in accordance with the social security Act ( Cap traductions françaises form online here it... Secretary of State for work and Pensions to ask why the delays are ongoing is the earliest you get. Any other contractual remuneration payable e.g not intend to return to work more hours and so qualify SMP... By family Friendly working a hearing began today at the standard rate of £27 per.! £148.68Pw x 39 weeks, 2019 by Carla Montemayor employer must give your employer can claim,! 25 or a fixed-term contract ends and maternity action maternity allowance of all pregnant women and mothers! After that, maternity and parental rights for self-employed parents for any week that can! Day or part of the date you intend to return to work hours... Working because of illness or disability claim reimbursement for any week that you are waiting for of. Free debt advice from maternity Action champions maternity rights at work are still to! Free legal Helpline on 0300 200 3200 Maladie et maternité ( articles to! Show it to your circumstances, this could be worth up to £139.58 a week Street London 8RT.

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