Statutory Maternity Pay

You, as an employee, get SMP for up to 39 weeks. You get it according to your wages, weekly or monthly. However, the tax and national insurance are subtracted from the amount. For the first six weeks, you get up to 90% of your average weekly pay, that is, before taxes. For the next 33 weeks, you get 90% of your average weekly wages or £151.97 depending on whichever amount is lower.

What is the start date?

The start date for Statuary Maternity Pay (SMP) automatically starts four weeks before the due date of your child’s birth, even if you are not working due to health issues related to the pregnancy. It begins with the starting date of your maternity leave.

Who is eligible for Statuary Maternity Pay?

You are eligible for the statuary maternity pay if you meet the following criteria regardless of your salary, total work span, and duration of your work for your employer:

• If you are not a worker but an employee.

• If you provide your employer with the correct notice.

However, the qualification requires the following things:

• If you earn at least £120 weekly on average.

• If you provide proof of your pregnancy along the Statutory Maternity Pay notice to your employer.

• If you have worked at least 26 weeks before the qualifying weeks starts which is the 15th week before the childbirth.

If you lose your child before or after the birth or after the 24th week the child is stillborn, you are still eligible for the statuary maternity pay.

When and how to claim?

You are required to give at least 28 days’ notice to your employer before you stop working. The letter must be written if required and, proof of your pregnancy must be attached with the notice. You will get a confirmation from your employer within 28 days including when the SMP start and stops.

If your employer considers that you are not eligible for the statutory maternity pay, you will be given an SMP1 form within seven days. You can ask your employer to explain the basis of your ineligibility.

Pregnancy Proof:

You will have to submit pregnancy proof within 21 days of the start date of your SMP to your employer to claim it.

It can be:

• A doctor or midwife letter.

• MATB1 certificate that your doctor will only provide 20 weeks before the expected due date.

You cannot claim Statuary Maternity Pay if you do not provide your employer with proof of your pregnancy.

Your statutory Maternity Pay is paid to you by your employer in the same way that you get your salary. The tax and insurance amount are deducted however, your employer can claim your SMP amount back from HMRC. If you have any dispute regarding your statuary maternity pay such as you disagree with the amount or your employer cannot pay you the SMP due to insolvency etc., you may contact the statutory payment dispute team.