Introduction
Are you expecting a baby and wondering about your maternity pay rights? This guide will help you understand the different types of maternity pay available, eligibility criteria, and additional benefits you may qualify for during your maternity leave. If you need assistance navigating these legal matters, Contend’s highly trained AI legal experts are here to help. With Contend, you can access the easiest legal help in the UK, ensuring you get the support you need during this important time.
If you’re expecting a baby and currently have a job or have had one recently, you might be eligible for maternity pay. This financial support can help you during your maternity leave. Here’s a simple breakdown of what you need to know about maternity pay and your rights.
Types of Maternity Pay
There are three main types of maternity pay you might receive:
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Statutory Maternity Pay (SMP): This is the minimum amount your employer is required by law to pay you if you qualify.
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Contractual Maternity Pay: Some employers offer a better deal than the statutory minimum. Check your employment contract or company policy to see if you qualify for this.
- Maternity Allowance: If you’re not eligible for SMP, you might be able to receive this payment from the government.
These payments can be received alongside any maternity leave you take.
Additional Benefits
Apart from maternity pay, you may also qualify for other benefits like Child Tax Credit, Healthy Start vouchers, or a Sure Start grant. Some of these benefits can be claimed even before your baby arrives, so it’s wise to explore your options early.
Who Qualifies for Statutory Maternity Pay?
To be eligible for SMP, you must meet certain conditions:
- You need to be employed by your company during the 15th week before your baby is due and have worked there for at least 26 weeks before that.
- Your average weekly earnings (before tax) must be at least £123. This average is calculated over an 8-week period leading up to around 15 weeks before your due date.
If you’re unsure about your eligibility or how to calculate your average pay, consider reaching out to Contend’s legal expert chat for guidance.
Important Notes
- If you leave your job after qualifying for SMP, you’ll still receive your maternity pay regardless of whether you resigned, were dismissed, or made redundant.
- Employers cannot dismiss you due to your pregnancy or maternity leave. If they do, it may be considered unfair dismissal.
What If You’re Self-Employed?
If you’re self-employed, you typically can’t receive SMP, but you might be eligible for Maternity Allowance. However, if you run your own limited company, you could be able to pay yourself SMP and reclaim it from HMRC.
Agency Workers
As an agency worker, you can still qualify for SMP, even if you don’t have the right to maternity leave. Your agency is responsible for paying you SMP, even if you are no longer registered with them. If you face issues with your agency regarding your maternity pay, get in touch with Contend’s legal expert chat for assistance.
Multiple Employers
If you work for more than one employer, you may be able to receive SMP from each job, provided you meet the eligibility criteria for each one.
Having Another Baby While on SMP
If you become pregnant again while receiving SMP, you can apply for it again as long as you still meet the necessary conditions.
Contractual Maternity Pay
If your employer offers contractual maternity pay, the details will vary from one company to another. You should at least receive the same amount as SMP, but it may be more generous. Check your contract or speak to your employer for specifics.
When to Apply for Maternity Allowance
If you don’t qualify for SMP, you may be able to claim Maternity Allowance. Typically, you need to have worked for at least 26 weeks in the 66 weeks leading up to your due date, earning at least £30 a week for 13 of those weeks.
If you’ve been helping your spouse or civil partner in their business, you might also be eligible for Maternity Allowance.
For more details about Maternity Allowance and to check your eligibility, you can use the GOV.UK calculator or try Contend’s legal expert chat.
No Maternity Pay?
If you find that you’re not eligible for any form of maternity pay, you might qualify for Universal Credit or Employment and Support Allowance (ESA). It’s essential to explore all your options.
If you need further assistance or have questions about your specific situation, don’t hesitate to reach out to Contend’s legal expert chat for help. They can provide guidance tailored to your circumstances.
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