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Introduction

Becoming a parent is a very stressful yet exciting period in one’s life. This new stage is accompanied by a variety of new employment rights that may apply to either yourself or your partner. The following list covers a widespread of possible arrangements that can be made when expecting a new addition to your family:

Maternity Leave
To be eligible for statutory maternity leave and pay you must be classed as an “employee” and abide by the companies policies on the matter. To be eligible you must meet the following criteria: –

  • On payroll during the ‘qualifying week’, this is the term used for the 15th week before the baby’s due date
  • Handling the correct notice procedure
  • Acquiring proof of pregnancy
  • Continuous employment for a minimum of 26 weeks up to the qualifying week
  • Minimum income of £120/week

To claim maternity, leave you would need to inform your employer (typically in person but if requested, in writing) of the child’s due date, your desired leave date. Once they are informed, they should confirm the agreed dates to you within 28 days.

Maternity leave is classified in 3 ways: –

  • Ordinary Maternity Leave (OML), lasts for 26 weeks and starts from eleven weeks before the week the baby is due (If eligible for OML, you are also entitled to Compulsory Maternity Leave);
  • Additional Maternity Leave (AML), again this runs for 26 weeks and takes over when the OML ends; and
  • Compulsory Maternity Leave (CML), lasts for 2 weeks, starting on the child’s day of birth.

Maternity pay. How much is paid
This would be detailed in your employment contract, however, based on 39 weeks you should expect to receive 90% of your average wages for the first 6 weeks, then this would either carry on or be reduced to a set rate, as of Feb 2=021 this is £151.20 per week.

If you do not qualify
The employer should provide you with form SMP1 within a week after the decision is made, along with a written explanation as to why you do not qualify.

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