Maternity Leave: how to get it in 2022

What is Statutory maternity leave? How can I claim it? How much could I get? This type of leave allows employed (soon-to-be) mothers to take time off work. Indeed, you may be able to get up to 52 weeks of paid leave. Your Benefits will tell you everything that you need to know about statutory maternity leave.

What is statutory maternity leave?

This is a scheme you are entitled to when having a baby. Indeed, you could qualify for this and more. At most, you are entitled to 52 weeks. Then, no matter how long you’ve taken, you will be able to return to work. More specifically, you could get all the following:

• Statutory Maternity Pay;
• Paid time off (for antenatal care);
• Statutory Maternity Leave;
• Additional help provided by the government.

You could also qualify for Shared Parental Pay and Leave. However, you may be eligible for Statutory Maternity Pay and Leave. In order to be eligible, you must provide certain documents to your employer at certain times.

You retain your employment rights when on Statutory Maternity Leave. Indeed, this includes, but is not limited to being able to being able to:

• Receive a raise;
• Build up holiday;
• Going back to work.

How much is statutory maternity leave?

You could receive up to 52 weeks of Maternity Leave. It is composed of two different parts. First is Ordinary Maternity Leave, which is the first 26 weeks. Second is Additional Maternity Leave, which is the following 26 weeks. 

You could be able to convert some of your leave as Shared Parental Leave. Indeed, then, both parents could be able to go on leave.

You may start your leave early. More specifically, up to 11 weeks before your expected due date. Additionally, your leave could start in a more automatic manner. This is the case if:

• Your baby is born early (your leave then start the day after);
• You stop working because of an illness related to pregnancy within 4 weeks of your due date. Then, your Statutory Maternity Leave will start automatically.

You may also want to change the date on which you go back to work. If this is the case, you have to tell your employer in advance. More specifically, a minimum of 8 weeks in advance.

How much is statutory maternity pay?

Both statutory maternity pay and leave go hand in hand. As such, it is important to know what you could receive with both. Indeed, you could get paid with Statutory Maternity Pay for 39 weeks. Furthermore, you would get a different amount in the first 6 weeks, than the following 33 weeks. They are as follows:

• For the first 6 weeks: 90% of your weekly earnings (on average, and before tax);
• For the following 33 weeks: whichever of the following is the lowest amount, either 90% of your weekly earnings, or £151.97.

Note that you could get the same amount for the 39 weeks. Indeed, this would be the case if you earn less than £151.97 weekly on average. Then, you would be paid 90% of your average weekly earnings. Indeed, this would be for 39 weeks, if eligible. 

Can I get statutory maternity leave?

You may be able to get Statutory Maternity Leave. First, you must be employed, you cannot be considered a ‘worker’. Second, you need to provide your employer with the correct documents beforehand.

You may be having your child through surrogacy. If this is the case, you will not be eligible for Statutory Adoption Pay and Leave. Instead, you could receive Statutory Adoption Pay and Leave.

Statutory Maternity Leave documents

You must notify your employer a minimum of 15 weeks before your baby is born. Indeed, give them your due date. Additionally, inform them of the date on which you would like to start your Statutory Maternity Leave. 

Note that there are less requirements in order to be able to get this type of leave, compared to Statutory Maternity Pay. Furthermore, you may want to earn both. As such, make sure that you have all documents for both claims in order to be eligible.

For example, you do not need to provide a proof of pregnancy to earn Statutory Maternity Leave. 

Statutory Maternity Pay documents

Statutory Maternity Leave and Pay go hand in hand. As such, it is important to know what you would need to do for both. Indeed, you should apply for both benefits at the same time with your employer.

The way you ask for Statutory Maternity Pay is similar to how you ask for maternity leave. You must notify your employer a minimum of 28 days before you want your SMP to start. Your employer may ask for this to be done in writing.

Indeed, you will need to provide the date on which you want to stop working. Additionally, inform them of the date on which you would like to start your Statutory Maternity Pay. You will also need to provide proof of your pregnancy.

Proof of pregnancy

You do not need to provide any proof of pregnancy in order to get Statutory Maternity Leave. However, you do need to provide one for Statutory Maternity Pay. You must within 21 days of the start of your Statutory Maternity Pay. It can be one of the following:

• The MATB1 you were provided (you will be provided this document no later than 26 prior to your due date. It will be given by a midwife or doctor);
• A letter written by a midwife or doctor, stating that you are pregnant.

Not that you may not receive Statutory Maternity pay if you do not provide these.

Am I eligible to receive additional help?

If you are eligible for Statutory Maternity Pay, you are likely eligible for a number of other benefits. More specifically, the following:

• Child Benefit;
• Income Support (you may receive this benefit while not at work);
• Child Tax Credit;
• Working Tax Credit (you can earn this for 39 weeks after going on Maternity Leave);
• Universal Credit.

Additionally, you could be eligible for £500 with Sure Start Maternity Grant. This is if the birth is your first child. Furthermore, you may not be eligible for Statutory Maternity Pay. If this is the case, you could earn Maternity Allowance.

Indeed, Maternity Allowance is a benefit for those who are not eligible for Statutory Maternity Pay. As such, you may be able to earn this with Statutory Maternity Leave. Here is how much you would be able to earn with the benefit:

Maternity leave allows you to take time off when you have a baby. This is also the case for National Insurance contributions, but for when you retire. To learn more, you can contact Citizens Advice. You can contact them by phone and with their email address.