Maternity rights - working and pregnant

Maternity Allowance

If you do not qualify for SMP, you may still be able to get MA. This is paid by the JobCentre Plus directly to you. This factsheet explains how MA is calculated for women who are, or have been, employed. If you are claiming MA as a self employed person, please see our factsheet on Atypical Workers.

Employment Condition

To qualify for MA you must have worked for at least 26 weeks in the 66 weeks (15 months) before your baby is due. The work does not have to be continuous, or for the same employer.

Earnings Condition

You also need to find at least 13 weeks in the 26 weeks of work in which you earned at least £30 per week. The weeks do not have to be continuous or for the same employer and you can add together earnings from more than one job. You should use the 13 weeks where you were paid the most. Pay can include holiday pay, bonuses, overtime, sick pay and any previous periods of SMP but not Maternity Allowance.

To work out your average earnings add together all your earnings in the 13 weeks and divide by 13. Maternity Allowance is paid at a flat rate of £108.85 for the whole period or 90 per cent of your average earnings if that is less. You will receive MA for 26 weeks if your baby is due before 1 April 2007 and for 39 weeks if your baby is due on or after 1 April 2007.

You can claim MA from your local Jobcentre Plus on form MA1. You will need to send your MATB1, 13 weeks' payslips or written proof of your earnings and, if you are employed in the 15 th week before your baby is due, form SMP1 from your employer stating why you are not entitled to SMP. The JobCentre Plus will work out whether you qualify for MA. If you do not qualify for MA they should automatically check whether you are entitled to Incapacity Benefit (IB). IB is not means-tested but depends on whether you have paid or been credited with sufficient NI contributions in the previous 3 years.

If you have two or more jobs

If you are an employee for two or more employers, you will get maternity leave from each job and you do not have to start each period of maternity leave at the same time. If you qualify for SMP from both jobs you will get two lots of SMP. However, if you do not qualify for SMP from job A you cannot get MA for job A if you are already getting SMP for job B and, if you do not qualify for SMP for both jobs, you cannot get two lots of MA (although your calculation of earnings for MA can be based on earnings from two or more jobs).

The start of maternity leave and pay

The earliest you can start your maternity leave and pay is 11 weeks before your baby is due unless you give birth before then. It is up to you to decide when you wish to start your maternity leave and you can work right up to the birth if you wish. Your leave will start on the day stated in your notice.

If your baby is due before 1 April 2007, your maternity pay will usually start on the Sunday after you start your maternity leave. However, if you are off work with a pregnancy-related absence in the four weeks before your baby is due, your employer can insist you start your maternity leave and your leave and pay will start the day after your first day of pregnancy-related absence. If you give birth before you start maternity leave, your leave and pay will start the day after the birth.

If your baby is due on or after 1 April 2007, the start of the maternity pay period has been brought into line with the start of maternity leave. SMP or MA will start on the same day as your maternity leave i.e. the day stated in your notice or, if applicable, the day after your first day of pregnancy-related absence or the day after the birth.

Note: In order to qualify for maternity leave, you should notify your employer as soon as reasonably practicable if you are absent for a pregnancy-related reason in the four weeks before your EWC or if you give birth.

Notice for maternity leave and pay

To get maternity leave you must give your employer notice in or before the 15th week before your baby is due. If your employer asks you to, you must put it in writing. You must tell your employer that you are pregnant, your EWC, and the date you wish to start your OML, see the example letter below. You do not have to give separate notice for OML and AML, your employer should assume that you will take all the leave you are entitled to.

To get SMP you must give your employer your MATB1 form at least 28 days before you wish to start your pay. In practice many women give notice in writing for maternity leave and pay together by the 15 th week before the baby is due.

Once you have given notice your employer has 28 days to write to you confirming the date your maternity leave will end. If you are not entitled to SMP, you must also be given form SMP1. For more information, keep an eye on our website, www.workingfamilies.org.uk for updates.