Care and support

Statutory maternity pay (SMP)

This is a weekly payment paid by an employer to women who stop work to have a baby. SMP will be paid for up to 39 weeks while you are on maternity leave. It is taxable.

To get SMP you must:

• have worked for the same employer for at least 26 weeks by the 15th week before your baby is due; and
• earn an average of £90.00 (gross) or more a week (ie pay national insurance contributions); and
• still be employed in this job in the 15th week before the baby is due (it doesn’t matter if you are off sick or on holiday).

You can get SMP even if you aren’t going back to work after your baby is born. If you change your mind about returning to work, you will not have to repay any SMP.

How much SMP will I get?

SMP is paid at one of 2 rates:

• for the first 6 weeks, you will get 90% of your average weekly pay
• for the next 33 weeks, you’ll get £117.18 (or 90% of average weekly pay, whichever is lower).

When working out your average weekly pay, your employer will use the *8 weeks immediately before the ‘qualifying week’. The ‘qualifying week’ is the 15th week before the week in which your baby is due.

* If you already have children and are purchasing childcare vouchers via your employer to help pay for childcare, you should seek further advice from your voucher provider before you purchase vouchers during this 8 week period.

You can choose to work right up until the week your baby is due and still get 39 weeks SMP. The earliest you can get SMP is the 11th week before the week in which your baby is due.

How do I claim statutory maternity pay?

You must notify your employer of your pregnancy and the date you intend to start your maternity leave in the 15th week before the week the baby is due. Your employer should reply within 4 weeks giving you information on your maternity entitlement.

You must also give your employer 28 days notice of the date you wish your SMP to start. If you do not qualify for SMP, for example because you do not earn enough or you have not worked for your employer for long enough, you may be able to claim maternity allowance instead (see below). Your partner may also be able to claim paid time off (see below).