Whether you are someone who has your life admin under control or not, if you have a job when you become pregnant there are things you must do. When the morning sickness starts it can be hard to find the time to decipher what you are entitled to and when and your obligations under your employment contract.
Are you a working mother in Northern Ireland, thinking about having a baby, already pregnant (congrats!) or planning on adopting? If so, you may be wondering what your rights are regarding maternity pay and leave. In this blog post, we will explain the basics of statutory maternity pay & maternity leave in Northern Ireland, and answer some common questions you may have.
What is statutory maternity pay and leave?
Statutory maternity pay (SMP) is a weekly payment that your employer pays you while you are on maternity leave. Statutory maternity leave (SML) is the time off work that you are entitled to take before and after your baby is born or adopted.
How much statutory maternity pay and leave can I get?
In Northern Ireland, you can get up to 52 weeks of SML, which consists of 26 weeks of ordinary maternity leave (OML) and 26 weeks of additional maternity leave (AML). You can choose when to start your SML, but it must end no later than 52 weeks after the birth or adoption of your child.
You can get SMP for up to 39 weeks, which covers the first 6 weeks of OML and the first 33 weeks of AML. For the first 6 weeks of SMP, you will get 90% of your average weekly earnings (AWE). For the remaining 33 weeks, you will get either £140.98 per week or 90% of your AWE, whichever is lower.
Who is eligible for statutory maternity pay and leave?
To qualify for SML, you must be an employee who has given your employer the right notice. You can take SML no matter how long you have been with your employer, how many hours you work, or how much you are paid².
To qualify for SMP, you must also meet the following conditions:
You must have been continuously employed by the same employer for at least 26 weeks by the end of the 15th week before your baby is due or the week you are matched with your adopted child.
You must still be employed by the same employer in the qualifying week (the 15th week before your baby is due or the week you are matched with your adopted child).
You must earn at least £120 per week on average in the eight weeks before the qualifying week.
You must give your employer proof of your pregnancy or adoption, such as a MATB1 form or a matching certificate.
Employers Maternity Benefits
Be sure to check your employment contract for any workplace benefits, such as additional time of or higher maternity pay for a period of your maternity leave. Let's be honest, when we go out looking for a job in practice, as a part 1 or part 2, the likelyhood is we could end up working there for the early days of our qualified life. When your a part 1 or part 2 student, maternity pay/leave benefits are not in our mind. This benefit could be the make or break between two practices offering employment.
An employer offering above what they are lawfully reuired to can give you an idea of how well your practice might respond if you ever got pregnant, or how accomodating they can be to new parents.
What if I have only been in my current employment for 4 months?
If you have only been in your current employment for 4 months, you may not be eligible for SMP, as you may not meet the continuous employment and earnings criteria. However, you may still be eligible for SML, as long as you give your employer the right notice.
If you are not eligible for SMP, you may be able to claim Maternity Allowance from the Social Security Agency instead. Maternity Allowance is a weekly payment that you can get if you have worked and paid National Insurance contributions in at least 26 weeks out of the 66 weeks before your baby is due or the week you are matched with your adopted child. The amount of Maternity Allowance depends on your earnings and can range from £27 to £140.98 per week.
How do I claim statutory maternity pay and leave?
To claim SML, you must give your employer written notice at least 15 weeks before your baby is due or within seven days of being matched with your adopted child. You must tell your employer when your baby is due or when you expect to adopt a child, and when you want to start your SML².
To claim SMP, you must also give your employer proof of your pregnancy or adoption, such as a MATB1 form or a matching certificate. You must do this at least 28 days before you want to start receiving SMP or as soon as possible if this is not reasonably practicable.
What else should I know about statutory maternity pay and leave?
There are some other important things to know about SMP and SML, such as:
You can change the date when you want to start your SML or SMP by giving your employer at least 28 days' notice or as soon as possible if this is --- not reasonably practicable .
You can choose to share some of your SML and SMP with your partner if you are eligible for Shared Parental Leave and Pay. This allows you and your partner to split up to 50 weeks of leave and up to 37 weeks of pay between you, and take it in turns or together as long as you meet certain criteria .
You have the right to return to the same job after your SML if you take 26 weeks or less. If you take more than 26 weeks, you have the right to return to the same job or a suitable alternative job if that is not possible.
You have the right to request flexible working arrangements when you return to work, such as working part-time, changing your hours, or working from home. Your employer must consider your request and can only refuse it for a good business reason .
You are protected from unfair treatment, discrimination, or dismissal because of your pregnancy, maternity leave, or request for flexible working. If you think you have been treated unfairly, you can contact the Labour Relations Agency for advice and support .
Conclusion I hope this blog post has given you some useful information about your entitlement to maternity pay and leave in Northern Ireland. Remember that this is not legal advice and you should consult your employer or a professional adviser for more details. If you have any questions or comments, please feel free to leave them below. I would love to hear from you!
I hope you enjoyed reading this blog post and learned something new. If you are a working mother in Northern Ireland who is expecting a baby or planning to adopt a child, I wish you all the best for your maternity leave and your return to work. Remember that you have rights and options to help you balance your work and family life, and that you are not alone. There are many other working mothers who share your experiences and challenges, and who can offer you support and advice. You can join our online community of working mothers in Northern Ireland and connect with them. Thank you for reading and we hope to see you again soon!
USEFUL LINKS
Statutory Maternity Leave | nidirect. https://www.nidirect.gov.uk/articles/statutory-maternity-leave.
Statutory Maternity Pay | nidirect. https://www.nidirect.gov.uk/information-and-services/expecting-or-bringing-children/statutory-maternity-pay.
Maternity, Paternity and Parental leave - Labour Relations Agency. https://www.lra.org.uk/holidays-and-leave/maternity-paternity-and-parental-leave.
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