Maternity Pay

You are entitled to maternity pay if you have been employed by your employer for a continuous period of at least 26 weeks ending with the 15th week before the expected week of childbirth, and have average weekly earnings at least equal to the lower earnings limit for National Insurance contributions. Statutory Maternity Pay can be paid for up to 39 weeks; it is payable by the employer but partly (or, for small firms, wholly) reimbursed by the state.

From April 2011 the standard rate of Statutory Maternity Pay is £128.73 a week (or 90 per cent of your average weekly earnings if this is less than £128.73 a week). For the first six weeks the rate is 90 per cent of average weekly earnings with no maximum limit. The standard rate of Statutory Maternity Pay is reviewed every April.

You must give your employer at least 28 days notice of the date you want your Statutory Maternity Pay to start. Your employer may need your notice in writing. You can change your mind about the date but you must give 28 days notice of the new date.

If it is not possible to give 28 days notice, you must tell your employer as soon as you can. If your employer considers it was reasonably practicable for you to have given notice earlier than you did, they can refuse to pay you maternity pay .

If you can get both maternity pay and maternity leave, it is best to tell your employer the date you want your maternity pay to start at the same time as you tell your employer about your leave.

Most women will be able to take maternity leave from their work. To claim maternity leave you must tell your employer no later than the end of the qualifying week (this is the 15th week before the week your baby is due) that you are pregnant.