The fact that is not contained in the school/college policy is neither here nor there. If your employer refuses to let you return to work at the end of your maternity leave it may be an unfair dismissal (if you have two years’ service), automatic unfair dismissal because of your maternity leave and/or maternity discrimination (which are day one rights). 7. You should ask your local authority how to apply. Can I have my MA payments brought forward earlier than I originally requested? If it is not reasonably practicable for you to return to the same job, your employer can offer you a suitable alternative job on very similar terms and conditions. If you want to make a claim in an employment tribunal you will need to contact ACAS on 0300 123 1100 in order to start Early Conciliation: https://www.acas.org.uk/early-conciliation  There is a time limit of three months (less one day) from the date of the act you are complaining about for contacting ACAS. Unfortunately maternity pay is very low but you are not entitled to ‘remuneration’ (normal salary) during maternity leave as you can only get maternity pay during this period. [This page was last updated 10 December 2020.]. For more information on your rights during maternity leave and return to work, see this. It depends. If your workplace is closed and all other staff are on furlough, your employer must offer you furlough as well once your maternity leave ends. Your employer must continue to pay you at least 80% of your normal wages. Firstly, regardless of whether you have been on furlough or you are working and have agreed to a pay cut, SMP must always be paid at the rate of 90% of your average earnings for the first 6 weeks, then £151.20 per week (or 90% of your earnings are lower). There is more information for employers from the Health and Safety Executive here: https://www.hse.gov.uk/coronavirus/working-safely/protect-people.htm?utm_source=govdelivery&utm_medium=email&utm_campaign=coronavirus&utm_term=more-2&utm_content=digest-10-jul-20, I am concerned about the following aspects of my job and would like to be able to discuss it with you as part of my risk assessment. The amount of Universal Credit you get can vary each month depending on yours and your partner’s income (if you are in a couple). You should ask your employer to confirm in writing why you have not been allowed to return to work or why you have not been paid for furlough and you must contact ACAS within three months (less one day) on 0300 123 11 00 from the date of dismissal or act of discrimination if you want to start a tribunal claim. If you claim Maternity Allowance this will not affect your eligibility for the grant extension providing you meet the other criteria. Is that right? See: https://www.gov.uk/guidance/check-which-employees-you-can-put-on-furlough-to-use-the-coronavirus-job-retention-scheme. It does not have to be 26 weeks in a row and you do not need to be currently employed to apply. 5. I’m 16 weeks pregnant, will this affect my maternity pay? Ask for a meeting to discuss it – this can be by phone or webchat. Your agency must offer any suitable alternative work up to the date that your placement was intended to last. Advice on pregnancy and maternity and childcare rights during the Covid-19 crisis. https://www.gov.uk/government/publications/covid-19-stay-at-home-guidance/stay-at-home-guidance-for-households-with-possible-coronavirus-covid-19-infection. It is normally up to you to decide when you want to start your maternity leave. receive more than half of your annual taxable income from self-employment in the tax year 2018/19 or on average over the years 2016/17 to 2018/19. You should talk to your employer as much as possible to try to resolve it and get information for your employer about your legal rights as many employers are not aware of your rights to health and safety protection during pregnancy. If you are a single parent and you have no income, you will be eligible for Universal Credit. All employees and workers are entitled to itemised payslips at the time of payment but if you have not been sent payslips you can ask your employer to write a letter confirming your earnings or you can send any other evidence you have such as bank statements. My employer has done a risk assessment and told me that I can come to work as they will ensure that I can work away from members of the public, but I am worried that I will come into contact with someone with Covid-19 symptoms. It’s important not to delay applying for Child Benefit in the current circumstances as claims can only be backdated for three months. For more information on redundancy see our information sheet. If your maternity leave ends after 19 March and you and your employer have agreed that your part-time hours will begin at the end of your maternity leave, your furlough pay should be based on the full-time salary that would have applied during your maternity leave (not your maternity pay). If you want to change the start date of your maternity leave, you must give your employer 28 days’ notice, or agree a new date together. The earliest you can start your maternity leave is 11 weeks before your expected week of childbirth. Charity reg. I have booked to take annual leave before my maternity leave. Your employer may be able to claim help with the cost of your wages while you are suspended under the furlough scheme. Maternity Allowance is £151.20 pw or 90% of your average earnings if they are lower and it is paid for up to 39 weeks. Is this discrimination? If I’m off work on Statutory Sick Pay (SSP) or on furlough, does that count towards the 26 weeks continuous service for qualifying for Statutory Maternity Pay (SMP)? My maternity leave has just ended and I’m on annual leave that was arranged some time ago. You can claim Maternity Allowance even if you are no longer working providing you can meet the qualifying conditions. These include getting redundancy pay, a paid notice period and any money your employer owes you (for example, unpaid wages). The first six weeks of your SMP is based on your average weekly earnings in the calculation period for SMP (approx. However, when you gave notice to take maternity leave and pay, if your employer did not notify you of the date your maternity leave would end within 28 days, your employer cannot insist that you give 8 weeks’ notice to return to work early. It’s made up of: Ordinary Maternity Leave - first 26 weeks; Additional Maternity Leave - last 26 weeks; You do not have to take 52 weeks … If you qualify for the SMP but your employer has gone into liquidation, you can apply to the Statutory Payments Disputes Team on 0300 0560 630 or 0300 322 9422 and they will pay your SMP directly. When is the earliest I can be paid Maternity Allowance? Pointing out that while there is no evidence to suggest there are serious problems with pregnant women having Covid-19 before 28 weeks, there is also no evidence to the contrary. If it’s not possible to give 28 days’ notice because of the current coronavirus situation, your employer should accept a shorter period of notice and your employer can agree to no notice at all and to alter your start date immediately. COVID AGONY Nurse, 28, ... caesarean section at 35 weeks before her mum's death. If members aren't sure who that is, they can contact their NEU branch or district. You cannot claim under the SEISS if you are able to continue working this period and this may include continuing to work any Keeping-in-touch days if you are on maternity leave during this period. Statutory Maternity Leave is 52 weeks. 5. If your company is a private UK company, the administrators can access the furlough scheme to pay wages to staff that would otherwise be made redundant. No, once your maternity leave ends you are officially back at work and your employer must treat you in the same way as other employees. Can I be put on furlough pay? If you are eligible for Universal Credit you may also be able to claim the Sure Start Maternity Grant for your first baby or first multiple birth and you may be eligible for Healthy Start vouchers. I have already given notice to start my maternity leave on [date], I would like to start my maternity leave on [date], I would like to change the start of my maternity leave so that it now starts on [date] [Note: you must give at least 28 days’ notice before the new and the old date unless it is not reasonably practicable], I understand that if I am absent from work wholly or partly for a pregnancy-related reason my maternity leave and pay will start four weeks before my expected week of childbirth. Some teachers and support staff may have this as a contractual right. Do I have to give 8 weeks’ notice to return to work early from maternity leave in order be placed on furlough? If you are on SSP during part of the 8 week/2 month period, your average earnings will be lower which may reduce the amount of SMP you get. Yes, you should write to your head and inform them that your maternity leave will start in your expected week of childbirth. If you can do your job from home and other employees are working at home, your employer must take steps to ensure that you can work from home as well when your maternity leave ends. You should seek advice before claiming Universal Credit as any claim for Universal Credit will end existing benefits such as Working/Child Tax Credit or Housing Benefit and you cannot go back onto these benefits. If you are unable to resolve it by talking to your employer, you can write (or email) your employer setting out your concerns. From 1st October 2020, employers were able to claim up to 60% of your wage costs for time on furlough up to a maximum of £1875 pcm. You will also need to give them your MATB1 maternity certificate which you can get once you’re 20 weeks pregnant. Yes, in order to qualify for full rate Maternity Allowance of £151.20 (April 2020 – April 2021) you can arrange to pay Class 2 national insurance contributions (NICs) when you make your Maternity Allowance claim. Copyright © 2019 National Education Union, Hamilton House, Mabledon Place, London WC1H 9BD. Your employer must also take into account any medical evidence from your midwife or GP. In order to qualify for Statutory Maternity Pay (SMP) you need to have average weekly earnings of at least £120 pw (2020/21) in the 8 weeks before the 15th week before your baby is due. Yes, if you meet the qualifying conditions for SMP your employer must pay it through the payroll in the normal way. If it is not possible to remove risks at work or provide suitable alternative work at home, your employer must suspend you on full pay for as long as the risk remains. The CJRS was due to end on 31st October but is now being extended until March 2021. If you also work for an employer and you are paid through PAYE, your employer can furlough you under the Coronavirus Job Retention Scheme. How did the furlough scheme operate from 1st July to 31st October 2020? There has been no additional maternity leave or pay provided. You can find more information on asking for part-time work or other changes to your days/hours of work here. by email if your employer asks you to and it’s a good idea to confirm what has been agreed in writing to avoid any confusion. Your employer can only trigger your maternity leave and pay in the four weeks before your expected of childbirth if you are absent from work for a pregnancy-related reason. You would need evidence that the reason for the dismissal or unfair treatment was because of your pregnancy. You are entitled to return to the same job on the same terms and conditions. If you’ve worked in the same placement for some time and it’s likely you would have continued to work there until you stopped work to have your baby, your agency must suspend you until then if the risk remains. The Job Support Scheme was due to be introduced from 1st November 2020 but has now been replaced by the extended furlough scheme (above). Sample letter to an employer giving notice of parental leave; Coronavirus (COVID-19 ... states “Our clinical advice is that social distancing is particularly important for all pregnant women who are 28 weeks and ... your employer can trigger the start of your maternity leave but only from the 4th week … ], Help for employers with Statutory Maternity Pay, You can claim reimbursement of my Statutory Maternity Pay from HMRC: https://www.gov.uk/recover-statutory-payments, You can also request advance funds from HMRC if you are unable to pay my Statutory Maternity Pay: https://www.gov.uk/recover-statutory-payments/if-you-cant-afford-to-make-payments, Please can you let me know when we can speak further in order to resolve this. A flexible work request can cover changes to your days, hours or place of work. your partner has average weekly earnings of at least £120 per week (April 2020 – April 2021) during the calculation period (8 weeks if you are paid weekly or 2 months if you are paid monthly) before the end of the 15th week before your baby is due). The 15th week before your baby is due is the week beginning 3rd May 2020. As you know there are huge pressures on health services at present and this may take some time. If your employer did not give you notification in writing of the date that your maternity leave would end, you can return to work earlier and you do NOT have to give your employer at least 8 weeks’ notice. 2. If your employer has not carried out a risk assessment. The earliest you can start your MA is 11 weeks before your baby is due. It may be maternity discrimination if you are treated unfavourably because of your maternity leave, for example, if you are made redundant or are asked to take unpaid leave. 7. For the next 33 weeks your SMP must be paid at the statutory (legal) rate of £151.20 per week 2020/21. If you are made redundant, your employment will end at the end of your notice period. If you’re eligible and want to claim the first grant you must make your claim on or before 13 July 2020. 2. 28 weeks is not in the last four weeks of pregnancy. In order to qualify for Maternity Allowance you must be employed for at least 26 weeks in the 66 weeks before your baby is due. However, if you are taking annual leave during furlough your employer must pay you full pay as you have a statutory (legal) right to a minimum of 28 days’ paid annual leave each year. Once your maternity leave has ended you cannot go back onto maternity leave but if you did not take the full 39 weeks’ maternity pay or 52 weeks’ maternity leave, you may be able to take any untaken maternity leave/pay as shared parental leave. However, if you are claiming Maternity Allowance it will reduce your Universal Credit award pound for pound as Maternity Allowance is counted as income. The latest you can start your maternity leave is from the date you give birth. As I am not currently able to work safely in the workplace or from home, I am entitled to be suspended on full pay until the adjustments/home-working have been put in place. Employers can claim 80% of your normal pay, up to £2500 per month, under the Coronavirus Job Retention Scheme (CJRS). information on furlough is available here, shared parental leave/pay up to a year from your baby’s birth, see our blog on the Government response here, more information on asking for part-time work or other changes, working during maternity leave, click here, https://www.rcog.org.uk/en/guidelines-research-services/guidelines/coronavirus-pregnancy/covid-19-virus-infection-and-pregnancy/, https://www.gov.uk/guidance/holiday-entitlement-and-pay-during-coronavirus-covid-19, https://www.gov.uk/guidance/work-out-80-of-your-employees-wages-to-claim-through-the-coronavirus-job-retention-scheme, https://www.gov.uk/time-off-for-dependants. 4. Maternal medicine/pregnant women with additional co-morbidities. No, unfortunately KIT days are by agreement between employer and employee. This is now called New style ESA: https://www.gov.uk/employment-support-allowance. If you employ women of childbearing age you are also required to assess the risks to new and expectant mothers. When maternity leave can start early If you’re absent from work. The RCOG guidance says if you are in your third trimester (more than 28 weeks pregnant), or have an underlying health condition – such as heart or lung disease – a more precautionary approach is advised and you should work from home. You may have a claim for unlawful deduction of wages and/or pregnancy discrimination if there are risks at work and your employer does not make reasonable adjustments or provide suitable alternative work or suspension on full pay. You must pay Class 2 NICs for at least 13 weeks in your 66 week test period in order to qualify for full rate MA. The flat rate of SMP is is £151.20 pw (2020/21) or 90% of your average earnings if they are lower. Check out BabyCenter's Maternity Leave Checklist for information about taking time off for pregnancy and childbirth. If your job ends or you are made redundant during a period of SPL/ShPP, you remain entitled to ShPP up to the end of the period of leave booked (unless you start a new job). This responsibility is laid out in the Management of Health and Safety at Work Regulations 1999. You can use the maternity pay calculator here: https://www.gov.uk/maternity-paternity-calculator. You will need to ensure you claim Universal Credit during the monthly assessment period in which your income is reduced during a Parental Leave period. You can find a model letter for writing to your agency to ask for health and safety protection on our website here. I am on maternity leave and getting £151.20 per week but my colleagues are all off work on furlough and being paid 80% of their normal pay without having to work. In order to be furloughed from 1st November 2020, you will need to have been on your employer’s payroll on or before 30th October 2020. In your case, if your SMP is calculated based on a period when you agreed to a pay cut, if the pay cut is reversed at any time up to the end of your maternity leave, this should be treated as a pay rise and your employer must recalculate your average earnings to take account of the pay rise and pay you any extra for the first 6 weeks of your SMP. If your average weekly earnings are less than the statutory rate you will get 90% of your average weekly earnings throughout your SMP period. If you’re still in your maternity leave period (paid or unpaid maternity leave) you and your employer can agree up to ten keeping-in-touch days to enable you to do some work while remaining on maternity leave. ], Latest Government guidance on health and safety during the pandemic. If these records are not available, employers may use the pay rate to work back from gross pay. As pregnant women are classed as vulnerable and are advised to be particularly careful to follow social distancing, your employer has a legal obligation to provide you with safe work in accordance with Government guidance or suitable alternative work from home. You cannot go back onto maternity leave. At the present time, office workers who can work from home should do so. Can I get help through the Self-employed Income Support Scheme while I’m claiming Maternity Allowance? You can use this letter in the following circumstances: You should fill in the sections in [square brackets] with your own information. 4. This is the same if you are on Statutory Sick Pay in the relevant period as it can affect your SMP. If you have not been paid the correct furlough pay your employer can amend their claim under the Coronavirus Job Retention Scheme and they will need to contact HMRC. This would enable you to claim the costs of 80% of my salary up to the start of my maternity leave (four weeks before my expected week of childbirth) while I am suspended for health and safety reasons. If you need to send in payslips covering the period when you were on furlough you should let the MA Claims Dept. I have already given my employer notice of when I want to start my maternity leave, can I give notice to change the start date? Am I entitled to continue working my normal hours or to be placed on furlough? If you want to return to work early e.g. If you continue to use this site we will assume that you are happy with it. Your employer can trigger your maternity leave in the last 4 weeks before your expected week of childbirth if you are off sick wholly or partly because of pregnancy, for example, a pregnancy-related illness, health and safety suspension or you have been furloughed because you cannot work during pregnancy. Can I claim any other help with paying my rent during this period? You can find more information on maternity pay here. You must give at least 21 days’ notice to take Parental Leave. You can claim Maternity Allowance within three months of the start of your Maternity Allowance pay period: If you apply for MA more than three months from the start of your maternity leave (as above) your MA will only be backdated for three months so you may lose some of your maternity pay. I am willing and able to work and am asking for adjustments as below so that I can continue to receive my normal pay. Furlough is special leave introduced by the Government to enable employers to retain staff who are unable to work during the pandemic. You may also be … 2. This includes risks of exposure to the coronavirus Covid-19 as there is a higher risk of exposure in my work than outside the workplace. However, if your employer has become insolvent, you can apply to the Insolvency Service for payment instead. If you were on maternity leave then your employer must use the salary that would have applied during that period (not your maternity pay) and whether you were still regarded as being contracted for full-time hours or part-time hours will depend on when you and your employer agreed the new arrangement would start, as above. If your employer does not pay your SMP in full you can claim it from the HMRC Statutory Payments Disputes Team on 0300 0560 630/0300 322 9422. 5. ], [This section was last updated on 12 June 2020.]. For full time and part time salaried employees, the employee’s actual salary before tax, on or before 19 March 2020 should be used to calculate the 80%. Your partner will qualify for Statutory Shared Parental Pay if s/he meets the continuity of employment test and you meet the employment and earnings test (see above), AND: For more information on shared parental leave and pay see: https://maternityaction.org.uk/advice/shared-parental-leave-and-pay/. 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