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Statutory Maternity, Paternity or Adoption Pay

 
 

Statutory Maternity Pay

This is the minimum level of maternity pay that your employer must pay you, if you qualify. You do not have to repay any of it if you decide not to return to work.

You qualify if:
  • you have been continuously employed by the same employer for at least 26 weeks up to the 15th week before your expected week of childbirth (this is called the qualifying week) - this means you should have started working for your present employer before you got pregnant; and
  • you have average weekly earnings of £90 (or £87 before April 2008), or above in the 8 weeks (if paid weekly) or 2 months (if paid monthly) up to and including the last pay day before the end of the 15th week before your expected week of childbirth.

Statutory Maternity Pay can be paid for up to 39 weeks and is paid at 2 different rates:

  • the first 6 weeks paid at 90 per cent of your average weekly earnings; and
  • the remaining weeks at a standard rate of £117.18 per week or 90 per cent of your average weekly earnings, whichever is lower.

You can be paid from:

  • the date you have told your employer your maternity leave starts (your leave can start any time after the beginning of the 11th week before your expected week of childbirth);
  • the first day of your absence if you are absent from work for a pregnancy-related illness on or after the start of the 4th week before the expected week of childbirth; or
  • the day your baby is born if this is before the date you planned to go on maternity leave.


If you do not qualify for Statutory Maternity Pay, you may be able to claim Maternity Allowance or Incapacity Benefit/Employment Support Allowance.

Statutory Paternity Pay

As a lone parent you would receive this from your employer if you are the child's father and you expect to have the main responsibility for the child's care and upbringing. Non-resident fathers are not entitled to Statutory Paternity Pay.

The rules about whether you qualify are the same as for Statutory Maternity Pay (see above), except that to qualify for Statutory Paternity Pay you must still be employed by the same employer up to the birth of your baby.

Statutory Paternity Pay is paid for up to 2 weeks at the standard rate of £117.18 a week or 90 per cent of your average earnings if that is lower. You do not have to repay it if you do not return to work after Paternity Leave.

You can be paid on or following the child's birth, but your Paternity Leave must be completed within 8 weeks of the actual date of birth (or 8 weeks after the expected date of birth if the baby is born early).

You must give your employer notice of when you intend to take leave by the Saturday of the 15th week before your baby is due, or within 7 days of the adoption agency telling you that you have been matched with a child.

Statutory Adoption Pay

To qualify for this, you have to satisfy the same conditions as for Statutory Maternity Pay (see above) but instead of the qualifying week being the 15th week before the expected week of childbirth, it is the week you were told that you had been matched with a child for adoption.

Your Statutory Adoption Leave and Statutory Adoption Pay can start from either the date of your child's placement, or up to 14 days before the expected date of the placement. You must, where possible, give your employer at least 28 days' notice of when you want your pay to start.

Statutory Adoption Pay is £117.18 per week or 90 per cent of your average weekly earnings, whichever is lower, and can be paid for up to 39 weeks.

If you do not qualify for Statutory Adoption Pay, you may be entitled to get financial support from your local authority and/or the adoption agency. You may also be entitled to benefi ts and tax credits - call the Lone Parent Helpline for advice.

Next page: Counting back from the expected week of childbirth


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