What types of maternity pay may you be eligible for?

Statutory maternity pay

Statutory maternity pay refers to the minimum amount you are legally entitled to from your employer. Your employer must pay you this if:

• You work for your employer in the 15th week before your baby is due and have worked for them for at least 26 weeks (about 6 months) before that
• Your average pay, before tax, is at least £123 a week

Statutory maternity pay is paid for up to 39 weeks (about 9 months). You will get:

90% of your average weekly earnings (before tax) for the first 6 weeks.

£184.03 or 90% of your average weekly earnings (whichever is lower) for the next 33 weeks.

This is paid in the same way as your wages (for example monthly or weekly) and tax and National Insurance will be deducted. Statutory maternity pay is the most common route employers take.

Contractual maternity pay

Contractual maternity pay is an enhanced form of maternity pay that some employers offer as a benefit as this is typically more generous than statutory pay. This can also be known as ‘enhanced maternity pay.’ Some employers have this policy in place instead of statutory maternity pay. For example, if you may be offered 26 weeks of full pay, followed by 13 weeks of statutory maternity pay. If you are eligible, this will be outlined in your contract, which will also explain the amount and duration. This offers more financial support during your maternity leave.

Maternity Allowance

You might get Maternity Allowance from the government if you are not eligible for statutory maternity pay.

You could be eligible for Maternity Allowance if you:

• Are employed but cannot get Statutory Maternity Pay (SMP)
• Are self-employed
• Have recently stopped working
• Take part in unpaid work for the business of your spouse or civil partner

You can get Maternity Allowance for up to 39 weeks and the amount you get depends on your employment status and earnings. If you are self-employed, the amount you receive depends on your National Insurance contributions.

We are here to help

The Equality Act 2010 makes it unlawful for any employer to discriminate against an employee because they become pregnant, or when they wish to return to work as a mother. Unfortunately, women are frequently treated unfairly by employers due to pregnancy and maternity issues.

If you have been treated unfairly by an employer because of your pregnancy, our sympathetic and experienced employment solicitors are here to talk to you and advise you of your rights. Call us on 0330 107 5031 or contact us here.