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What they would have received had they not been on furlough leaveĮmployees who have been employed in a company for at least 26 weeks before the 15th week, otherwise referred to as the qualifying week, prior to the baby’s due date are entitled to SMP. What was actually received during the pay period If an employee has been on furlough during the relevant period used to calculate average weekly earnings, then the amount to use for calculating their maternity pay entitlement will be the higher of: This is referred to as Occupational Maternity Pay (OMP) and is down to the discretion of individual companies. While these are the legal requirements regarding maternity pay, a significant number of companies continue paying their employees more than these amounts throughout their maternity leave. The following 33 weeks are paid at the statutory weekly rate (£151.97) or 90% of the employee’s AWE, whichever is lower. In total, an employee is entitled to 39 weeks' pay with the first six weeks paid at 90% of the employee’s average weekly earnings (AWE). SMP is the pay that an employee receives when on maternity leave. The most significant difference between the two is SML is compulsory, while SMP is dependent on a couple of variables. The terms of Statutory Maternity Pay (SMP) and Statutory Maternity Leave (SML) are often confused with each other. They must also inform their employer regarding when they would like the maternity leave to start. What do you have to do to be eligible for maternity leave?Īn employee must provide a minimum of 15 weeks’ notice prior to the week that the baby is due (WBD). This means that if someone is a contractor then they would not be entitled to any maternity leave or pay directly from the employer. It may seem fairly obvious, but to go on maternity leave, the person in question must be an employee. Who is eligible to go on maternity leave? Once the AML period has finished, an employee can return to their role however, if the employer deems it not viable for this to happen, then they must offer appropriately similar employment on the same terms as before and with the same level of seniority. ► Additional Maternity LeaveĪML begins the day after OML finishes. An employee is entitled to return to the same position they held directly after the end of their OML period. OML is the first 26 weeks of someone’s maternity leave. Statutory Maternity Leave (SML) can be a maximum of 52 weeks and is split in two different parts Ordinary Maternity Leave (OML) and Additional Maternity Leave (AML).
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