Probably really simply maternity pay/leave question

[KirstenRaymonde]

I’ve looked at Gov etc but it’s not completely clear.

If I don’t qualify for SMP due to not being with my employer long enough, can I definitely get full Maternity Allowance if I’ve worked enough/paid enough National Insurance in the previous 60 weeks from when baby is due?

Also, does my employer have to hold my job for a year of maternity leave if I don’t qualify for SMP? Do I have to be there for a certain amount of time before my job will be held?

Many thanks

You get 52 weeks maternity leave regardless of how long you have been employed as long you are an employee.

NB with anyone taking more than 26 weeks’ leave (regardless of SMP entitlement) there’s a risk they may not return to the exact same job if it is ‘not reasonably practicable’ to hold it open

Thank you

You are entitled to 52 weeks mat leave regardless of how long you have been with your employer.

Your employer must hold a job open for you to return to. This job must be under the same terms as your previous one (e.g. full time if you were full time, part time if you were part time) but may be a different role. If a different role the salary should be the same (or higher if the new role is usually subject to a higher salary) and should be commensurate with your skills/ qualification/ experience (i.e. if you were previously a chemical engineer they shouldn't be moving you to the front desk).

If you have been employed for 26 weeks during the last 12 months AND earned over the threshold (£126 per week I think) you will get MA.

Thanks Overagain I thought that was the case but couldn’t quite get it clear.