For expectant mothers...
When can an employee start their maternity leave?
Usually, the earliest an employee can choose to start their maternity leave is 11 weeks before the expected week of childbirth. If the employee wishes to change the start date of their maternity leave then she must give her employer at least 28 days’ notice. Leave can also automatically the day after the baby is due if the baby is early, or if an employee is off work for four weeks before the week that a baby is due to pregnancy-related illness.
How much maternity leave can an employee take?
All employees, regardless of their length of service, are entitled to maternity leave. An employee is entitled to take up to 52 weeks’ maternity leave. They do not have to take the full 52 weeks, but must take at least two weeks’ leave after the baby is born (or four weeks if they work in a factory). The first 26 weeks are known as Ordinary Maternity Leave and the second 26 weeks are known as Additional Maternity Leave. Employees can still qualify for maternity leave if the baby is born early, is stillborn from 24 weeks of pregnancy, or dies after being born.
What maternity pay are employees entitled to?
Employees with the requisite service and earnings are entitled to 39 weeks’ Statutory Maternity Pay (SMP). To qualify for SMP, an employee must earn at least £118 a week, give the correct notice, supply proof of pregnancy (either with a maternity certificate or a letter from a doctor or midwife), and have been continuously employed for 26 weeks up to and including the 15th week before the expected week of childbirth.
For the first six weeks, employees are entitled to 90% of their average weekly earnings. For the remaining 33 weeks, depending on earnings, it drops to a fixed rate. This fixed rate is either 90% of an employee’s average weekly earnings or £148.68per week (whichever is lower). It is, however, worth checking an employee’s contract and the staff handbook as you may have agreed to pay more than this minimum.
As an employer, you must provide ineligible employees with a SMP1 form explaining why they cannot get SMP within seven days of making a decision. Some employees who are not eligible for SMP may be eligible for Maternity Allowance. An employee will not be entitled to SMP if they are having a child through surrogacy, but they may be entitled to Statutory Adoption Leave and Pay instead.
For expectnt fathers or partners...
When can an employee start their paternity leave and how much can they take?
Statutory Paternity Leave may be available to fathers of the baby, those who are in an established relationship with the expectant mother, those who are adopting or who are having a baby through surrogacy.
This leave cannot start before the birth of the child; it can start when the child is born, after an agreed number of days after the birth or an agreed number of days after the expected week of the childbirth. Paternity leave can either be taken as one week or two continuous weeks’ leave. This leave must end within 56 days of the birth (or due date, if the baby arrives early). Employees can still qualify for paternity leave if the baby is born early, is stillborn from 24 weeks of pregnancy, or dies after being born.
Statutory Paternity Leave may be available to fathers of the baby, those who are in an established relationship with the expectant mother, those who are adopting or who are having a baby through surrogacy.
This leave cannot start before the birth of the child; it can start when the child is born, after an agreed number of days after the birth or an agreed number of days after the expected week of the childbirth. Paternity leave can either be taken as one week or two continuous weeks’ leave. This leave must end within 56 days of the birth (or due date, if the baby arrives early). Employees can still qualify for paternity leave if the baby is born early, is stillborn from 24 weeks of pregnancy, or dies after being born.
What paternity pay are employees entitled to?
New fathers or partners of the mother are entitled, subject to their level of earnings, to receive a set rate of pay for their paternity leave – known as Ordinary Statutory Paternity Pay (OSPP). This rate of pay is fixed at either 90% of their average weekly earnings or £148.68per week (whichever is lower).
To qualify for OSPP, an employee must earn at least £118 a week, give the correct notice, will be taking time off to care for the mother and the child, and have been continuously employed for 26 weeks up to and including the 15th week before the expected week of childbirth. It is, however, worth checking an employee’s contract and the staff handbook as you may have agreed to pay more than this minimum.
As an employer, you must provide ineligible employees with a SPP1 form within 28 days of their pay request. If they ask for a reason, you must provide a written statement explaining your decision within a reasonable timeframe from the request, such as within seven days.
For adoptive parents...
When can an employee start their adoption leave and how much can they take?
Couples who are adopting a child have a right to time off work. The date an employee’s adoption leave can start depends on whether they have a child through a surrogacy arrangement, have adopted from overseas or within the United Kingdom.
Employees can start their adoption leave up to 14 days before the date the child starts living with them (UK adoptions), on the date of placement, an agreed number of days after the placement, or on an agreed number of days after the child arrives in the UK (for an overseas adoption, leave must be taken within 56 days of the date of placement or arrival in the UK).
Only one parent can take adoption leave, but the other may only choose to take paternity leave. The most an employer has to give is 52 weeks; 26 weeks are part of Ordinary Adoption Leave and 26 weeks are part of Additional Adoption Leave.
What adoption pay are employees entitled to?
Employees might be eligible for Statutory Adoption Pay when they take adoption leave. This will depend on the type of work they do and how long they have been working for you. To be eligible for adoption leave, employees must have been continuously employed by you for at least 26 weeks up to the week they were matched with a child (for UK adoptions) or for 26 weeks by the date the child arrives in the UK or when they want their pay to start (for overseas adoptions).
Eligible employees will be able to earn 90% of their gross weekly wage for the first six weeks’ of leave, which will then drop to a fixed rate of £148.68 per week for the next 33 weeks’ of leave or remain at 90 per cent of their gross weekly wage (whichever is lower). It is, however, worth checking an employee’s contract and the staff handbook as you may have agreed to pay more than this minimum.
Employees must give you proof of adoption to qualify for adoption pay. Notice must be given in as a SC4 form for UK adoptions either no later than seven days after their co-adopter or partner matched with a child or 28 days before they want their pay to start.
For new parents...
What if an employee wants to share leave with their partner?
The child’s mother and child’s father, including adoptive parents, may wish to split the leave and pay to better suit their circumstances. It is possible to do this through Shared Parental Leave and Statutory Shared Parental Pay, providing certain eligibility requirements are met.
Parents will be able to share up to 50 weeks of leave and up to 37 weeks of pay. The leave must be taken within the first year of the child’s birth or within the first year since the child was adopted. Parents may both choose to take the leave at the same time, or they can stagger this. They can also choose to take the leave in one block or over a series of blocks.
What happens if an employee wants to end their leave earlier than agreed and return to work?
If your employee decides they want to return to work earlier than your agreed date, you can insist on having eight weeks’ notice of any change.
Do I continue to provide benefits during an employee’s leave?
During maternity, paternity or adoption leave, an employee’s contract of employment continues and they are entitled to receive all the benefits set out in their employment contract, except for their usual pay. Examples of benefits include the accrual of contractual annual leave, health insurance, use of company cars, health club memberships etc.
Am I required to continue paying into an employee’s pension during their leave?
An employer is required to continue to pay full pension contributions into an employee’s pension scheme during their paid leave. The employer may not make any reduction to reflect the fact that the employee is being paid less than normal. If an employee usually pays a percentage of their wage as a contribution to their pension scheme, this amount should continue to be paid out of their SMP based on the same percentage. So, an employer’s contribution cannot change, but an employee’s contribution may be less, unless they have specifically chosen to boost these pension payments. Once SMP runs out after 39 weeks, the employer is no longer required to pay pension contributions.
