A guide to Statutory Maternity Pay in the UK

Statutory Maternity Pay (SMP) is compensation given weekly by employers to their current or previous employees. Women who become pregnant while being employed in a company can be eligible for SMP. If you become pregnant while you are out of work, you would not be able to qualify for SMP. As an alternative, you can apply for maternity allowance from Jobcentre Plus. Read this article to learn more about Statutory Maternity Pay in the UK.

SMP mechanics

For you to be eligible for SMP you must meet the following criteria: 1) you have been continuously working for the same employer for a minimum of 26 weeks, into the 15th week prior to the week you're scheduled to give birth (qualifying week). 2) on average you earn a salary that falls in the lower earnings limit that applies on the Saturday at the end of the week you're set to give birth. If you possess a visa that permits you to work and live in the UK, you may qualify for SMP. If there is a provision in your visa which states that you have no access to public funds, it is still possible for you to receive SMP as long as you are able to meet the qualifying conditions, which generally constitute your earnings' history and past employment. Women who are qualified for the program can still receive SMP even if they don't have plans to continue working for their employer. There's no age limit for SMP. If you're under 16, you can receive SMP from your employer provided that you are able to you satisfy the conditions and rules. You can receive SMP for a maximum period of 39 weeks.

Other helpful information

If you're not able to receive SMP, it is your employer's duty to fill in form SMP1 which he will then give to you. On the form, your employer must state the reason why SMP hasn't been given. In case you are working for more than one employer, each of your employers should provide you an accomplished SMP1 form. If your employer says that you are not eligible for SMP as you are considered as a worker not as an employee (work at home, casual worker, hired through an agency), then it is best for you to seek legal advice for you to know what actually your working rights are according to UK law.