Full Pay from Employer Of Small Business for duration of maternity leave

[MrsCravendale]

I work for a very small company and my boss has never had to deal with maternity issues before and knows nothing about the regulations. I am part-time and the only 'office worker' in the company. I am paid an amount which is below the National Insurance threshold-neither myself or my employer pays National Insurance on my wages. Does this mean i cannot claim SMP? He has offered to continue paying me my usual full wage throughout my maternity leave - can he do this and is it legal? Will it affect any other benefits that I may be due from the government or anything? I think it is because he can't really be bothered filling in any forms or anything but would he then have to claim my pay as maternity pay and would he be able to claim anything back from HMRC if he said it was 'maternity pay'. Can anyone help me???

[lou031205]

MrsCravendale, read here about Maternity Allowance.

You can claim it as long as your average earnings over a 13 week period are over £30 per week, as long as you have worked for 26 or more in the last 66 weeks.

Your employer can top it up to full pay, triple pay, whatever - it is legal as long as it matches or exceeds statutory minimums.

Your employer must however allow you the statutory maternity leave that is due to you, regardless of the payment you receive.