You may be expecting a baby and are unsure about your rights to maternity pay, leave and how much time you can take off school. In this article, we outline your statutory rights to maternity leave and pay with frequently asked questions.
Statutory maternity leave is 52 weeks. It consists of:
You do not have to take 52 weeks but you must take 2 weeks’ leave after your baby is born. You can use the maternity planner on GOV.UK to work out the dates for your ordinary and additional leave.
You may be entitled to take some of your leave as shared parental leave. Edapt has produced another article which explains what shared parental leave is.
Usually, the earliest you can start your leave is 11 weeks before the expected week of childbirth. Leave will also start:
You can use the maternity planner (linked to above) to work out the earliest date your maternity leave can start.
At least 15 weeks before your due date, tell your school when the baby is due and when you want to start your maternity leave. Your school can ask for this in writing.
Your school must write to you within 28 days confirming your starts and end dates. They must confirm how much maternity pay you will get and when it will start and stop.
You need to give your school proof of the pregnancy to get statutory maternity pay. You do not need to for maternity leave. Within 21 days of your maternity pay start date (or as soon as possible if the baby’s born early) give your employer either:
You will not receive maternity pay if you don’t give your employer proof that the baby is due.
Statutory maternity pay is paid for up to 39 weeks. You receive:
Tax and National Insurance will be deducted. You can use the maternity pay calculator to work out how much you could receive.
Statutory maternity pay usually start when you take your maternity leave. It starts automatically if you are off work for a pregnancy-related illness in the 4 weeks before the week (Sunday to Saturday) that your baby is due.
You can ask your school to explain your statutory maternity pay if you think it is not right. If you disagree about the amount or your employer can’t pay, call the HM Revenue and Customs (HMRC) enquiry line.
To qualify for statutory maternity pay you must:
You can work out your qualifying week using the maternity pay calculator linked to above.
Your employment rights are protected while on statutory maternity leave. This include your right to:
You can still get statutory maternity leave and pay if your baby:
You might get more than the statutory amount of leave and pay if your employer has a company maternity scheme. Some large academy trusts may have maternity schemes with additional benefits. They cannot offer you less than the statutory amount.
If you are thinking about taking maternity leave and ensure about the support you could receive you can contact us for further advice and support.