Maternity Leave and Pay
Q. Dear Jenny, I have just found out that I am pregnant. I only started working for my current employer two months ago and I am worried I won’t be able to take maternity leave or claim maternity pay. I might end up having to come straight back to work.
A. Well first of all congratulations and you don’t need to worry! You are entitled to take your maternity leave even if you have only been working there a month. Your leave is split into two categories, the first 26 weeks are called Ordinary Maternity leave, the second 26 weeks are called Additional Maternity leave. Don’t forget you can now share the Additional Maternity leave with your partner subject to qualification and the correct notification procedure.
If you are thinking of returning straight to work, you can’t return for two weeks after the birth of your baby. You must notify your employer when you wish to start your maternity leave and when you will return. There are a number of other notification requirements, I suggest that you ask for their maternity policy, or contact me for any clarification. You should also check your employers maternity policy as soon as possible for any enhanced entitlement.
In relation to your maternity pay, you are eligible for statutory maternity pay if you have worked continuously for your employer for the 26 weeks before the 15th week before your expected week of childbirth. So, it might be, depending on when your due date is, that you are eligible for SMP from your employer. You also have to be earning over £109 a week and give the correct notification. If you are eligible then you receive 90% of your earnings for the first 6 weeks, and either £136.78 or 90% of your earnings, whichever is lower, for the next 33 weeks. You should ask your employer to check if you are eligible. If not, then subject to qualification, you might be eligible for maternity allowance, which is paid at the same rate and for the same period in any event. If you have any problems or further queries then please contact me on j.nuttall@livingstons.co.uk or 01229585555 and best of luck!