This page provides information on maternity and paternity benefits and leave, including entitlements for employees. It lists the benefits that pregnant individuals are entitled to, including statutory leave and pay, and explains how to take up to 52 weeks of maternity leave. If an employee cannot take their holiday due to maternity leave, they can carry over all the holiday they have built up into the next leave year.
Statutory maternity leave entitles employees to 52 weeks of leave, regardless of the length of service. Employees can begin their maternity leave from 11 weeks before the baby is due. Staff will continue to accrue annual and public holiday entitlement during maternity leave.
Maternity leave is available to employees in England, Northern Ireland, Scotland, and Wales. Legally, employees don’t need to inform their employer of their pregnancy until the 15th week before the baby is due. Statutory maternity leave entitles employees to 52 weeks of leave, split into two periods with variations in entitlements.
While on maternity leave, employees still accrue their usual holiday entitlement, including bank holidays. They cannot take or receive holiday pay while on leave, but can arrange to take it before or after maternity leave.
Employees accrue their normal annual leave entitlement throughout the paid and unpaid maternity leave period, including bank holidays. Annual leave and public holiday hours will accrue as normal during maternity leave. Employees are entitled to a statutory minimum of 5.6 weeks of annual leave per year, which can include paid bank holidays.
📹 NHS annual leave, Bank Holiday / Refreshing break from work
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Do I have to pay OMP back?
Repaying occupational maternity pay is only possible if agreed upon before your leave or stated in your employer’s maternity policy. It is only applicable to any occupational maternity pay over and above the amount of SMP or Maternity Allowance you were entitled to. Your employer cannot ask you to repay any SMP and Maternity Allowance to the Job Centre Plus. If you need to repay any occupational maternity pay, you can request small instalments. If you return to work for part of the required period, you should only be required to repay part of the maternity pay.
If you cannot continue working, it would be reasonable to repay 1/3rd of your occupational maternity pay. To avoid repaying your pay, consider using your accrued annual leave for a phased return to work, return part-time, or on a more flexible working arrangement. If your employer refuses a flexible work request without good business reasons and you cannot return for childcare reasons, you may have a claim for indirect sex discrimination.
How much OMP will I get?
Occupational Maternity Pay (OMP) is an optional extra payment offered to employees during maternity leave, also known as contractual maternity pay or enhanced maternity pay. It allows employers to pay more than the legally mandated minimum for employees taking time off to have a baby. OMP is different from Statutory Maternity Pay (SMP), which is mandatory for all employers. However, OMP can be a valuable benefit for employees, increasing staff loyalty and boosting the employer brand. It is important to consider the rate you will pay for each stage of the employee’s maternity leave.
Can you go on the sick straight after maternity leave?
If you are going to return to work after 52 weeks of maternity leave, you do not need to give any notice of return. You can go back to work on the day you are due back and are entitled to your normal pay. You can take annual leave or sick leave if needed. If you want to return before the end of your maternity leave, you must give your employer at least 8 weeks’ notice of the date you will be returning. If you do not give this notice and just turn up at work before the end of your maternity leave, your employer can send you away for up to 8 weeks or until the end of your leave, whichever is earlier.
If your employer did not write back to you within 28 days of the date you gave notice to take your maternity leave stating the date that your 52 week maternity leave will end, they cannot insist on you giving 8 weeks’ notice to return to work early. You should still give as much notice as possible to help you and your employer plan your return to work.
If you decide not to return to work, you can get SMP and MA for 39 weeks even if you do not plan to go back to work or if your employment ends during the SMP/MA period, such as if you are made redundancy. You do not have to pay SMP or MA back if you decide not to return to work. If your employer has given you extra contractual maternity pay, you only have to repay it if that was agreed in advance or specifically stated in your maternity policy.
If you do not want to return to work and need to repay your occupational maternity pay, you can ask to repay any company maternity pay in reasonable instalments, taking account of your household income and outgoings. You may find it helpful to speak to a debt adviser who can help you negotiate with your employer and agree a reasonable repayment plan.
If you are unable to return to work after your maternity leave, you can take sick leave as usual. However, once you are well enough to return to work, you cannot stay off work after your maternity leave has ended, as you will lose your right to return to work if you do not go back at the end of your 52 weeks’ leave.
Ask your employer if you can take annual leave immediately after your maternity leave, which is entitled to at least 28 days paid annual leave. Your normal holiday entitlement continues to accrue during maternity leave, so you may have some holiday owing to you. Annual leave should be agreed with your employer in the normal way and you should not be treated less favorably because you have been away on annual leave.
If you returned to work early and have not used up all your maternity leave/pay but now wish to take some more leave, you could give notice to take shared parental leave. Shared parental leave can be taken by either parent but must be taken within the first year after your baby’s birth. You may be eligible for Universal Credit if you take a period of unpaid leave, depending on your household income, housing costs, and number of dependants.
You are also entitled to urgent unpaid leave to care for a dependant in an emergency. The leave can be used if a dependant falls ill, gives birth, is injured, or there is a sudden problem with arrangements for the dependant (e. g., if your childminder falls ill). You are only entitled to take the time off necessary to deal with the emergency and to make arrangements for the care of the dependant.
If you have been on maternity leave and sick leave for a long time, you may have accrued a large amount of leave. You can take annual leave during sick leave, so you could ask to receive some paid holiday during your sick leave. You are entitled to carry forward 20 days annual leave if you cannot take it because of sick leave.
You cannot take annual leave during maternity leave, but you can end your maternity leave early, giving at least 8 weeks’ notice to end your maternity leave early and agreeing your annual leave with your employer in the usual way. It is a good idea to talk to your employer early in your pregnancy to agree when you will be taking your annual leave so that you can both plan in advance.
The government advises that employers should allow up to 28 days of statutory leave for employees who cannot take all their annual leave in the leave year due to absence on maternity leave, shared parental leave, or other types of parental leave. If your employer offers more than the statutory minimum of 28 days annual leave, it is up to your employer how much of your contractual annual leave (over and above the statutory 28 days) you can carry forward.
If you are not well enough to return to work at the end of maternity leave, you are entitled to receive sick pay if you are not well enough to return to work. You should follow your employer’s normal sickness reporting procedures at the end of maternity leave. Statutory Sick Pay (SSP) is paid after four consecutive days of sickness absence to employees who have earnings of at least £123 per week (April 2024 – April 2025) in the previous 8 weeks.
You are not entitled to SSP for any period of sickness that began during the 39 week SMP period (or 18 weeks if you were not entitled to SMP). If your period of sickness begins after the end of the 39 or 18 week SMP period, you may qualify for SSP if your earnings were high enough. If you claim SSP after the end of your 39 week Statutory Maternity Pay period, SMP counts as earnings. Maternity Allowance does not count as earnings.
If you do not qualify for SSP, your employer should give you form SSP1. If you do not qualify for SSP, you should get advice from your local Jobcentre Plus or Citizens’ Advice Bureau.
Once your maternity leave has ended, you are treated as if you are “back at work”, even if you are not well enough to actually go into work. You are entitled to take sick leave and should be treated in the same way as any other employee who is off sick.
You are protected against pregnancy/maternity discrimination throughout pregnancy until the end of your maternity leave period (up to 52 weeks or until you return to work, if earlier). For pregnancy/maternity discrimination, you need to show that you were treated unfavorably because of your pregnancy, pregnancy-related illness, or absence on maternity leave. You can also claim pregnancy/maternity discrimination where a decision was taken during your protected period even where it was implemented after the end of your maternity leave.
How to afford maternity leave?
To prepare for a baby, it is essential to build up your savings, make a budget, look for deals on bills, shop secondhand, and maximize your work benefits. With the average cost of raising a child to 18 years estimated at £160, 000 for couples and £190, 000 for single parents, it is crucial to consider the long-term costs of your new arrival, including kit, clothes, food, and education, as well as the financial impact of maternity or adoption leave. It is essential to jump to saving, make a budget, shop secondhand, and make the most of what you are entitled to from work.
How much of your salary do you get on maternity leave Canada?
The fundamental premise for the calculation of maternity and standard parental benefits is 55% of the average insurable weekly earnings, with a maximum of $668 per week in 2024. In the case of extended parental benefits, the applicable rate is 33% of the average insurable weekly earnings, with a maximum of $401 per week in 2024.
Can you earn money while on maternity leave?
Legally, you can earn income through self-employment while receiving Statutory Maternity Pay from an employer, but you must check if your workplace employment contract permits this. Sophie Baldwin, a 32-year-old freelance social media manager and digital marketing consultant, continued to work while on maternity leave, feeding her newborn, changing nappies, and entertaining a crying baby on calls.
Can I work full time while on maternity leave?
Working during maternity leave in Canada can be done, but it may result in some loss of Employment Insurance income (EI). It is important to consider factors such as whether it is part-time or a one-time gig, how you will notify EI and manage payment, and whether you want to work while on maternity leave. It is also crucial to determine the actual income you will generate after EI claws back their portion.
The My Parental Leave course provides calculators and checklists to help make decisions about parental leave. For more information, check out the My Parental Leave course on Instagram or LinkedIn, where experts host regular chats and share resources and advice.
Do you accrue holidays on maternity leave?
Maternity leave allows employees to build up holiday days as usual, but if they cannot take a holiday due to maternity leave, their employer can allow them to carry over up to 5. 6 weeks of unused days into the next holiday year. If they work irregular hours or only part of the year, a special calculation method is required. The ACAS website provides information on how to calculate leave. If they cannot take a holiday due to maternity leave, they can carry over all their holiday days into the next leave year.
Do you get SMP and OMP together?
Occupational Maternity Pay (OMP) is a benefit offered to NHS employees who plan to return to work for at least three months after maternity leave. During the first eight weeks of maternity leave, employees receive full pay, along with a maternity allowance, including dependents’ allowances. The total receivable will not exceed full pay. For the next 18 weeks, employees receive half pay, along with a maternity allowance, and for the next 13 weeks, they receive any entitlement.
Can you work bank shifts whilst on maternity leave?
It should be noted that engaging with the Trust Temporary Staffing Department (bank) during an unpaid maternity leave period will result in the immediate cessation of the maternity leave.
How much maternity pay will I get?
Statutory Maternity Pay (SMP) is a paid leave program for pregnant women, covering a maximum of 39 weeks. The first six weeks are paid at 90% of the woman’s average gross weekly earnings, with no upper limit. The employer calculates the woman’s earnings over a set period to determine if she qualifies for SMP and determines the amount to be paid. The remaining 33 weeks are paid at either the standard rate of £184. 03 or 90% of the woman’s average gross weekly earnings. The program is designed to help mothers and fathers balance their responsibilities and financial stability.
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