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Introduction

Are you expecting a baby and unsure about your maternity pay rights? This simple guide will help you understand the different types of maternity pay available, including Statutory Maternity Pay and Maternity Allowance, and the steps you need to take to claim them. If you run into any difficulties or have questions, Contend’s highly trained AI legal experts are here to help you navigate the process smoothly. With Contend, getting legal assistance in the UK has never been easier.

If you’re expecting a baby, it’s important to know your rights when it comes to maternity pay. This guide will break down the steps you need to take to make sure you receive the financial support you’re entitled to during your maternity leave.

How do I claim Statutory Maternity Pay or Maternity Allowance?

Understanding Your Maternity Pay Options

There are different types of maternity pay you may be eligible for:

  1. Statutory Maternity Pay (SMP): This is the basic maternity pay that most employees receive from their employers.
  2. Contractual Maternity Pay: Some employers offer additional maternity pay beyond the statutory minimum. This can vary from one workplace to another.
  3. Maternity Allowance: If you’re not eligible for SMP or contractual pay, you might qualify for this government benefit.
Am I eligible for Statutory Maternity Pay or Maternity Allowance?
Employment: UK Maternity Pay Guide: Claim SMP and Allowances Easily

Steps to Claim Statutory Maternity Pay

To receive Statutory Maternity Pay, follow these three key steps:

  1. Notify Your Employer: Inform your employer that you are pregnant. It’s a good idea to do this in writing and keep a copy for your records.
  2. Provide Proof of Pregnancy: You’ll need to confirm your pregnancy with a maternity certificate (MATB1) from your doctor or midwife, which you can get after your 20-week scan. Make sure to do this at least 15 weeks before your due date.
  3. Give Notice for Maternity Pay: Let your employer know at least 28 days before you want your maternity pay to start.

Once you’ve completed these steps, your employer will pay you as they normally would with your salary. If you want to know how much you’ll receive, you can check in advance.

How do I calculate my Statutory Maternity Pay?

Your Rights at Work During Pregnancy

When you inform your employer about your pregnancy, you gain certain rights at work. This includes protection from unfair treatment, such as being dismissed or having your hours reduced because of your pregnancy. If you feel you’ve been treated unfairly, you can explore your options for addressing discrimination.

How can I address unfair treatment at work during my pregnancy?

What to Do If Your Employer Refuses to Pay

If you believe you’re entitled to Statutory Maternity Pay but your employer refuses to pay it, contact Her Majesty’s Revenue and Customs (HMRC). They can help determine whether you should be receiving SMP. Be prepared to provide the SMP1 form, which your employer should have given you, explaining why they won’t pay you.

Contact HMRC:

  • Address: PT Operations, North East England, HMRC, BX9 1AN
  • Phone: 0300 322 9422
  • Textphone: 0300 200 3212

If your employer fails to provide the SMP1 form within 7 days of their refusal or within 28 days of your notice about maternity leave, make sure to mention this when you contact HMRC.

What should I do if my employer didn’t give me the SMP1 form?

Understanding Contractual Maternity Pay

If your employer offers contractual maternity pay, check your employment contract or speak to your HR department to understand how it works. Some employers may have specific requirements, like needing to return to work after your maternity leave to keep the full benefit.

Does my employer’s maternity pay require me to return to work?

Claiming Maternity Allowance

If you’re not eligible for SMP or contractual maternity pay, you can apply for Maternity Allowance from the government. You can find the application form here. If your employer has denied you SMP, make sure to include the SMP1 form with your application.

What should I do if my employer refuses to give me the SMP1 form?

Need More Help?

If you have questions or run into issues while claiming your maternity pay, don’t hesitate to reach out for help. You can try Contend’s legal expert chat for guidance. Contend’s highly trained AI legal experts will work with you to provide the support you need to understand and resolve your legal problems.

How can I resolve issues with my maternity pay claim?

Final Thoughts

Navigating maternity pay can be complex, but knowing your rights and the steps to take can help ensure you receive the support you need during this important time. Remember, you have rights at work, and there are resources available to help you if you encounter any difficulties. Contend is the Easiest Legal Help in the UK.

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This material is for general information only and does not constitute
tax, legal or any other form of advice. You should not rely on any
information contained herein to make (or refrain from making) any
decisions. Always obtain independent, professional advice for your
own particular situation. Contend Inc is not regulated by the
Solicitors Regulation Authority.