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My Employee is Pregnant!

Don't worry - Stafftax will take care of it for you. Here is everything you need to know.

Is my pregnant employee entitled to maternity leave?

Yes. Regardless of her length of service with you she is entitled to 52 weeks' maternity leave. Whether she gets statutory maternity pay during her maternity leave is another question (see below).

She is also entitled to paid time off for midwife appointments and for any appointments made on the advice of her midwife, GP or health visitor. For example, this will include scans and may include ante natal classes.

Your employee will accrue holiday while on maternity leave.

Is my pregnant employee entitled to maternity pay?

She is entitled to Statutory Maternity Pay (SMP) if she has been working for you for 26 weeks or more prior to the 'notification week', which is 15 weeks before the baby's due date. 

How much maternity pay does my pregnant employee get?

Statutory Maternity Pay is paid for up to 39 weeks, as follows:

  • 90% of her salary or average weekly earnings for the first 6 weeks
  • The statutory rate or 90% for the remaining 33 weeks, whichever is lower.

Tax and National Insurance still need to be deducted, as with standard pay.

Can I claim maternity pay back from the government?

Yes, usually. If you are a Stafftax client we will do this for you.

What notice does she need to give me?

She must tell you at least 15 weeks before her due date. Notice does not need to be given in writing.

She must give you 28 days' notice of the date she intends to start her maternity leave, and she may not start maternity leave earlier than 11 weeks before her due date.

She must give you eight weeks' notice of her return to work date.

Any more questions?

Clients and prospective clients are invited to call or email us with any further questions.

Tel: 020 3137 4407   l   email


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