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 company’s 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;
• Acquiring proof of pregnancy;
• Continuous employment for a minimum of 26 weeks up to the qualifying week;
• Handling the correct notice procedure, and
• Receive a 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 and 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.

 

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.

 

How we can help

Lestons can intervene if you feel your employer has not given you your allowed leave and pay. To gain our assistance you need to open a case, this is done by taking advantage of our free consultation service, activated by the link at the top of the page, should you wish to start a case the caseworker will send you the suitable payment link.

Please note your caseworker can only give generic advice, their role is to prepare your details for handling by our legal team and to act as your point of contact, they will also issue you with your Password and PIN, these will be needed to log onto your client dashboard. From your dashboard you will be able to manage and view every aspect of your case, upload documents, images, files etc.