WO toolkit 2012 complete.pdf - GMB

SECTION 5.19
19. Can I get maternity pay?
Separate from your rights to maternity leave you may have a right to either Statutory Maternity Pay
(SMP)or Maternity Allowance(MA).Your employer pays SMP.The Jobcentre Plus pays MA.Check whether
your employer offers contractual maternity pay over and above,and if so whether there are any
conditions,for example returning to work for a minimum period of time,attached.
Statutory Maternity Pay(SMP)
To qualify for SMP you must have;
• Worked for your employer for at least 26 weeks prior to the 15th week before your baby is due;
• Had average earnings of at least £87 a week in the eight weeks(or two months if you are paid
monthly)prior to the 15th week before your due date;
• Given your employer evidence of the date your baby is due(usually your Mat B1);
• Given your employer at least 28 days notice that you want to claim SMP(most women give notice
for maternity leave and pay at the same time i.e.at the latest by the 15th week before your due
date);
• Stopped work.
If you satisfy these conditions you will get;
• Six weeks pay at 90 per cent of your average earnings and
• 33 weeks pay at £112.75 per week or 90 per cent of your average earnings,whichever is the lower
sum.
Your SMP will normally start on the same day as your maternity leave and continue for 39 weeks(the
maternity pay period).If you return to work before the end of the maternity pay period your SMP will
stop and you will lose any outstanding amount.
You get SMP regardless of whether or not you intend to go back to work.SMP is paid by your employer,
who claims most of it back from the Inland Revenue.You have to pay tax and national insurance on your
SMP.It can be offset against any other entitlements under your contract,except holiday pay.If your
employer does not pay you SMP,you should be given form SMP1 explaining why you are not being paid.
You can query this with your local Inland Revenue office.
Maternity Allowance(MA)
If you do not qualify for SMP(maybe because you have not worked for your employer long enough or
your earnings are too low)you may qualify for MA instead.You should qualify for MA if:
• You meet all of the conditions for SMP but have not been working for your employer for 26 weeks,
but have worked for at least 26 weeks out of the 66 weeks prior to the date when your baby is due
(even if this was with different employers)you can get MA at £112.75 a week,or 90 per cent of your
average earnings,whichever is the lower sum.You will receive Maternity Allowance for 39 weeks.
• Your earnings are too low to get SMP(less than an average of £87 a week)but are an average of at
least £30 a week from one or more jobs,you can get MA at 90 per cent of your average earnings.