What pay am I entitled to while on maternity leave?

If you were in continuous employment during your pregnancy, then you're entitled to Statutory Maternity Pay (SMP). Your employer pays and claims most of it back from the Inland Revenue.

How can I be sure that I qualify for SMP?

Two things count here:

1. The length of time you’ve been with your employer
2. The amount you earn

• If you have worked for your present employer for at least 26 weeks by the end of the qualifying week (the qualifying week is 15 weeks before the week you expect your baby to arrive), then you’ve passed the time qualification
• If your earnings averaged at least £67 a week in the eight weeks before the end of the qualifying week, then you are over the earnings hurdle
• You are still entitled to SMP if your baby is stillborn after the 24th week of pregnancy

• The first six weeks of SMP are paid as 90% of your average salary. The 12 remaining weeks of your 18-week leave are currently paid at £60.20 a week.
• Your employer will deduct tax and National Insurance as necessary and ensure you are paid either weekly or monthly
• From April 2003 SMP will be paid for 26 weeks (and fathers will be entitled to 2 week's paid leave of £100 per week).
• From April 2002 the flat rate of SMP will increase to £75 per week and from April 2003 it will rise again to £100 per week.
• At the moment, SMP is given for 18 weeks only, so, if you decide to take Additional Maternity Leave, then some of those weeks will be unpaid
• Your employer might offer better terms than these, but they cannot legally offer less

How do I go about applying for SMP?

In pretty much the same way as you would apply for Maternity Leave. You must write to your employer to tell them that you are going to take leave at least 21 days before you intend to stop work. In this letter you must say that you want to claim SMP. Just as Maternity Leave begins, at the earliest, 11 weeks before your baby is due, the earliest you can be paid SMP is 11 weeks before the baby is due.

If I decide not to return to work, do I have to repay SMP?

No, if you qualify for SMP, then you are entitled to it. Payment has nothing to do with whether or not you return to work.

If I don’t qualify for SMP, is there any other kind of payment available?

Yes, there is. You may qualify for Maternity Allowance.

How would I qualify for Maternity Allowance?

If you are self-employed, have only recently started the job you are in, or have changed jobs during pregnancy, you are probably not entitled to SMP, Instead, you might be able to claim Maternity Allowance. Like SMP, this is payable for 18 weeks, starting, at the earliest, 11 weeks before your baby is due to arrive.

To qualify for Maternity Allowance, you must have worked at least 26 weeks out of the 66 weeks before your baby is due. What’s more, you must have either: earned more than £67 per week for any 13 weeks in any one job (and you will be paid £60.20 a week); or else you must have earned at least £30 a week in any 13 consecutive weeks, not necessarily from the same job (and you will be paid 90% of your average earnings).

How do I go about claiming Maternity Allowance?

Collect an MA1 form from your local social services offices or from your antenatal clinic and return it to your local Benefits Agency when you are six months into your pregnancy.

Further information

• The Maternity Alliance, 45 Beech Street, London EC2P 2LX (020 7588 8582; fax: 7588 8584); email: info@maternityalliance.demon.co.uk publishes Pregnant at Work, 2000 (£1.50 with sae)
• Parents at Work, 45 Beech Street, London EC2Y 8AD campaigns to improve the quality of life for working parents and their children and produces useful leaflets
• Trades Union Congress (TUC) publishes information on its website: http://www.tuc.org.uk
• The Department of Trade and Industry (DTI) publishes booklets and leaflets which are also available on its website at http:www.dti.gov.uk under the heading Regulatory Guidance. They can be obtained free from Employment Service Jobcentres or from the DTI Order line (tel: 0870 1502 500). Or you can order them by post from DTI Publications Order line, ADMAIL 528, London SW1W 8YT. Maternity Rights: A Short Guide, DTI (Ref: URN 99/1190); Maternity Rights, DTI (Ref: URN 98/812 (detailed guidance on previous maternity rights)
• The Maternity and Parental Leave Regulations 1999, published by the Stationery Office (0870 600 5522); website: www.legislation.hmso.gov.uk The Department of Trade and Industry (DTI) Parental Leave Enquiry Line: 020 7215 6207
• The Equal Opportunities Commission, Overseas House, Quay Street, Manchester M3 3HN (0161 833 9244; fax: 835 1657); email: info@eoc.org.uk; website: http://www.eoc.org.uk. For the Equality Commission for N. Ireland visit their website at http://www.equalityni.org
• Law Centres Federation (020 7387 8570; Scotland: 0141 561 7266)
• Citizens Advice Bureau, look in Yellow Pages, ask at your local library or call the National Association of Citizen’s Advice Bureaux (020 7833 2181) in England and Wales, in Scotland (0131 667 0156) and in Northern Ireland (028 90 231120)