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Employment Rights

Maternity Leave and Pay

Leave
Employees  have the right to take Statutory Maternity Leave, which is 52 weeks.

  • The first 26 weeks is known as Ordinary Maternity Leave.
  • The last 26 weeks is known as Additional Maternity Leave.

You don’t have to take all 52 weeks. However, you must take two weeks’ leave after your baby is born, or four weeks if you’re employed by a factory.

All your employee rights are protected while you’re on maternity leave.

Pay
Statutory Maternity Pay (SMP) is paid for up to 39 weeks, in the same way as your wages. You receive 90% of your average weekly earnings before tax for the first six weeks.  For the next 33 weeks, you receive either £172.48 or 90% of your average weekly earnings – whichever is lower.

You qualify for SMP if you:

  • Earn at least £123 a week (on average).
  • Give your employer at least 28 days’ notice.
  • Give your employer proof you’re pregnant (a doctor or midwife’s letter or your MATB1 certificate).
  • Have worked for your employer continuously for at least 26 weeks continuing into the qualifying week, which is the 15th week before the expected week of childbirth.

SMP starts at the same time as your maternity leave.
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This information has been developed by the Local Employability Partnership.

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  • Home
  • Young People
    • Careers in... >
      • Aquaculture
      • Construction
      • Early Years & Childcare
      • Energy
      • Food & Drink Production
      • Health & Social Care
      • Land-based
      • Retail
      • Tourism & Hospitality
    • My Options >
      • Apprenticeships
      • College
      • University
      • Employment
      • Planning for the Future >
        • Making Decisions
        • Your Options
        • Finding and Getting a Job
      • Your Next Steps
    • Get Hired >
      • The CV
      • The Job Application
      • The Job Interview
    • Stand out from the crowd >
      • 10 Ways to get Experience
      • Make the Most of Your Work Experience
      • Get Creative
    • Work Placements
    • Employment Rights
  • Employers
    • Get Involved
    • Activity Planner
    • Employer Testimonials
    • Ways to Engage
    • Apprenticeships
    • Hire a young person
    • Young Person's Guarantee
    • Funding and Support
  • Education
    • Marketplace for Education
  • Parents
    • Discovering their career options
    • Choosing their next steps
    • Getting their first job
    • Unlocking their potential
  • Latest News
    • #NoWrongPath
    • Orkney Careers Fair 2024
  • Work Placements