Pay - Managing pregnancy and maternity

Pay

Maternity pay starts as soon as your employee starts maternity leave.

Pay set out in the employment contract

The employee's contract should state:

  • how much pay they get when on maternity leave
  • how long they get this pay for

Pay set out in the employment contract is known as 'enhanced' or 'contractual' maternity pay, if it's more than statutory (legal minimum) maternity pay.

Offering enhanced maternity pay can help your business attract and keep the best employees.

The legal minimum for maternity pay

If your business does not offer enhanced maternity pay, it must pay statutory maternity pay.

During the first 6 weeks of maternity leave

Pay them 90% of their average weekly earnings.

During the next 33 weeks of maternity leave

Pay whichever of these is lower:

  • £184.03 a week
  • 90% of their average weekly earnings

Unless the contract says otherwise, you do not have to provide maternity pay after this period has ended.

Eligibility

Someone who's legally classed as an employee is eligible for statutory maternity pay if both of the following apply:

  • they've worked continuously for your organisation for at least 26 weeks, ending with the 15th week before the week the baby is due
  • their average weekly earnings are at least £123 a week, up to the end of the 15th week before the baby is due

Someone who's legally classed as a worker might also be eligible for statutory maternity pay.

If an employer offers enhanced maternity pay, it must always be higher than statutory maternity pay.

Calculating statutory maternity pay

Use the maternity pay calculator on GOV.UK

If they're not entitled to statutory maternity pay

If the employee is not entitled to statutory maternity pay, you must give them the 'SMP1' form within 7 days of your decision.

Find the SMP1 form on GOV.UK

Maternity Allowance

A pregnant employee or worker might be eligible for Maternity Allowance, if they cannot get enhanced maternity pay or statutory maternity pay.

Maternity Allowance is paid by the government. It lasts for up to 39 weeks.

Find out more about Maternity Allowance on GOV.UK

Keeping records

You must keep records of statutory maternity pay payments. You can find out more about:

Repayment if someone does not return to work after maternity leave

If your employee does not return to work after maternity leave, they might have to repay maternity pay. This depends on the type of pay and what their contract says.

They do not return to work and have taken statutory maternity pay

The employee does not need to repay any statutory maternity pay they've taken.

They do not return to work and have taken enhanced maternity pay

The employee must repay some or all of their enhanced maternity pay if the written terms of their employment say so.

If this money does need to be repaid:

  • the written terms must be clear about the circumstances
  • you should remind the employee informally about this repayment, for example in any regular meetings you have with them, before they start getting this money

Questions about statutory maternity pay

You can call the HM Revenue and Customs (HMRC) helpline if:

  • you and someone else disagree about how much statutory maternity pay they should get, or for how long
  • you cannot pay it, for example because you're insolvent

Agency workers

Find out more about employment rights for agency workers

The law on discrimination

It's against the law (Equality Act 2010) to treat an employee unfairly because of any reason connected to pregnancy or maternity.

Find out more about discrimination at work

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