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Maternity/Paternity Pay

Keeping you up to date with the latest 'family friendly' advice and legislation.

When you are expecting a child you have a number of things to think about and knowing what time you are allowed off work can seem quite confusing. At JSS, we are here to make things clear and explain the latest legislation on maternity, paternity and adoption pay.

Maternity - What is it?

If you qualify you are entitled to a maximum of 39 weeks Statutory Maternity Pay (SMP) paid at two rates: high rate SMP is paid for 6 weeks at a rate of 90% of your average weekly earnings. Low rate SMP is paid for 33 weeks at a rate set by the Department for Work and Pensions.

Do you qualify?

To qualify for SMP you must satisfy the following conditions:

• you must have been employed continuously for 26 weeks at the beginning of the Qualifying Week (the 15th week before your Expected Week of Childbirth/Confinement (EWC))
• your average weekly earning in the 8 weeks up to and including the Qualifying Week must be at least equal to the lower earnings limit for NI contributions
• you must provide a maternity certificate, a form MAT B1, showing the date the baby is due and provide notification to JSS by the 15th week before the EWC, unless this is not reasonably practicable
• you must have stopped attending for work wholly or partly because of pregnancy or childbirth

What do you get paid?

If a temporary worker is entitled to receive SMP, payment is made at the following rates:

• 6 weeks at 90% of salary
• 33 weeks at £117.18 per week

Paternity - What is it?

Employees are entitled to two weeks paid paternity leave subject to qualifying conditions, known as Statutory Paternity Pay (SPP). This is administered and paid by JSS on behalf of the Department of Work and Pensions. Please be aware this entitlement is subject to change.

Do you qualify?

Paternity leave applies to employees who are both adopting a child or expecting the birth of a child.

You will need to satisfy the following conditions in order to qualify for Paternity Leave:

• have or expect to have responsibility for the child's upbringing
• be the biological father of the child or the mother's husband or partner
• have been employed continuously for 26 weeks by the 15th week before the baby is due

What do you get paid?

If you have been employed for at least 26 weeks at the 15th week before the EWC or by the week in which the approved adoption match is made, you are entitled one or two weeks paid Paternity Leave as you have chosen.

Statutory Paternity Pay (SPP) is paid at a standard rate of £117.18 a week or 90% of your average weekly earnings whichever is less.

Please contact one of our consultants for any further information.