MNHQ here: post your pregnancy & maternity work questions here for FREE legal advice from Maternity Action

[NicolaDMumsnet]

Welcome to the third clinic of the year running from 6th to 9th November!

Mumsnet and Maternity Action are once again teaming up to provide an online legal clinic, offering free advice on pregnancy, maternity and parental rights at work from volunteer employment lawyers who are members of the Employment Law Association.

Whether you have a question about maternity leave, your request for flex work, your rights as a pregnant worker, or think you may be discriminated against by your employer because of being a parent, this is the place for you.

The clinic takes the form of a Q&A on this thread and will run for a week from Monday 6th to Thursday 9th November. The Maternity Action team will be answering questions throughout the week and will do their best to provide all answers to questions by Friday afternoon. More information on where to go for more help once the clinic has ended is here. All past clinics are here.

How it works:

1. If you have a question about your rights at work during pregnancy, maternity or parental leave, post it here below before the 9th November. Please give as much information as possible but remember that this is an online forum and can be viewed by the public – including your colleagues and employer. Please don’t name your employer publicly if you are likely to be taking action against them in future. You can use private message to disclose information to the volunteers that you’d rather not make public.
2. Please send your name and the name of your employer by private message to @MaternityActionfreeadvice so that it can be passed on to the volunteers to do a conflict of interest check. We cannot post a reply until you have sent this information by private message.
3. Once your advice has been posted online, you will have an opportunity to provide feedback. This helps us to find out whether you found the advice helpful, whether it helped you to resolve your situation at work and some information about you. All survey responses are anonymous and confidential. Providing feedback will help us to see what improvements can be made in developing this type of online free legal advice clinic. Fill out the survey here.

Ts and Cs – please read

The advice provided to an individual poster is based only on the information provided by that poster. Advice on this thread is also particular to the individual who has asked for it and is likely to be specific to that person’s situation. A poster may have provided further relevant information by private message which will not appear on this thread. So please take care if you choose to apply that advice to your own situation - it is recommended that you first take legal advice from one of the sources we have suggested here.

Mumsnet, Maternity Action and Maternity Action's volunteers accept no liability for any loss suffered as a result of an individual choosing to follow advice provided to another poster's question on the thread.

The lawyers, all of whom are specialists in employment law, will be working as volunteers for Maternity Action in respect of the clinic. Any personal information collected as a result of the clinic will be held by Maternity Action and will be deleted after 18 months. If you wish to make a complaint about the service you received, you can use Maternity Action’s complaints policy here.

I've been told conflicting things about applying for jobs while on maternity leave. I know that some companies have a policy that you would have to pay back some of the maternity leave if you do this. However, I cannot find any mention of this in my contract or maternity policy or leaving work policy. Where do I stand if I want to apply for a job?

Hi everyone,

This is the account to PM your details to. These are only used to perform a conflict check and are not recorded or logged in any other capacity. Without these details we are unable to allocate you to a volunteer.

Many thanks, Maternity Action

Dear @Ellemum23

Thank you for your query. If you received Statutory Maternity Pay (SMP) from your employer, you do not need to repay SMP if you resign from your job. SMP is paid at 90% of your average earnings for the first 6 weeks and £172.48 per week for 33 weeks (or 90% of your average earnings if they are lower).

Once your SMP period has ended, it is not repayable if you decide not to return to your job or you leave and start a new job. If you resign and start a new job during your SMP period, your employer will stop paying your SMP from the date that you start working for a new employer.

If your employer provided occupational maternity pay, this will be stated in their maternity policy or in your contract, as well as any terms and conditions that require you to return to work for a specified period. Occupational maternity pay is an employment benefit where your employer 'tops up' your SMP to full pay or half pay. Your employer can ask you to return to work for a period to avoid repaying the top-up up but they cannot ask you to repay the SMP part of your maternity pay (including the first 6 weeks) as they can claim that back from HMRC. If you have to repay the top-up, you can ask to agree to a reasonable and affordable repayment plan.

If you received occupational maternity pay and there are no repayment conditions in your contract, maternity policy, or any letters from your employer prior to your maternity leave, they cannot ask you to repay it now.

If you are thinking of resigning from your job during maternity leave, you will still need to give the notice period stated in your contract. You can remain on maternity leave during your notice period, but if your maternity leave expires during your notice period, you will need to return to work or take other leave, e.g. accrued annual leave. On resignation, you are entitled to be paid any outstanding annual leave.

We have more information on the Maternity Action website on resigning during maternity leave: https://maternityaction.org.uk/advice/resigning-from-your-job-during-pregnancy-and-maternity-leave/

I hope that works out well.

Thank you that's very clear! I appreciate it :)

Hello, I am currently on mat leave and due back in February next year.
Where I work I was entitled to the enhanced mat package ( 3 months full, 3 months half, 3 months SMP, 3 months no pay).
I am hoping to drop my hours down to 2 days a week, as I have annual leave from this year to use up.
The issue is that the nursery near us doesn't have any space until late next year. So I would have to WFH full time until there is space.
However, if my child did get a space in nursery, I don't feel comfortable commuting into London to then have trains cancelled and not be able to pick up my child. (I live 1hr30 from the office) We don't have any family close by which makes things a lot harder.
Where do I stand and if I wanted to leave what options do I have?

I have currently been on maternity leave for 5 months.
I had lots of problems whilst pregnant with my workplace, and had to involve the union.
I currently havent had any contact from my manager/HR whilst ive been on leave, despite them telling me in the union meeting that they will be in contact once id had the baby, and that they would lole to send me some flowers. I havent been notified of any of the job advertisements that have been circulated and i have just found out that a family fun day for employees has taken place at work and i havent been notified of that either. Maternity discrimination?

Hey
I’m due to go on maternity leave March 2024. My company currently only off the standard SMP. We have just all received an email to say they will be changing this next year (no date set yet) to 2 weeks full pay, 3 months paid at 90% then SMP.
I have been told this will not apply to me as I will already be on maternity leave. This seems quite unfair that I will be missing out on this benefit just because I’m already on mat leave. I feel like I should be honoured what my other colleagues are offered? Just want to see where I stand here.
Thank you

Hello, when I joined my company in 2020 there was nothing in my contract about maternity pay (so just statutory). In 2022, the company sent out an announcement via email that maternity pay will now include 6 weeks full pay in 19 weeks half pay. This is reflected in peoples contracts who joined the company after the announcement but employees there previously have not had their contracts amended.
I am now pregnant. The company has now rolled back on a policy that was included in that 2022 announcement relating to Christmas leave. I am now really worried I'm not protected with the maternity pay. Do I have a leg to stand on if they say it's changed and being scrapped?

Hello,
Please could I have some advice on entitlements to employment benefits whilst on maternity leave.
I am currently paid a salary and in addition to this a monthly housing allowance which is listed separately to my salary on my payslip.
When my maternity leave starts I will start my SMP but what happens to my house allowance - does it count as a ‘benefit’ and will I be entitled to keep this allowance during my maternity leave?
Many thanks in advance for your advice.

Hi, I’ve just started maternity leave and I’m due to have a c section in 2 weeks. My boss has been in touch to let me know my job has been put at risk of redundancy. My main question is how much I am obligated to have contact with my work about the consultation process at this time or in the coming weeks, considering I am already exhausted, ill, and under specialist care due to previous birth trauma. Is there a rule where I don’t have to be in contact with work please?

Hi
I am currently working a 12 month fixed term contract. My baby is due about 3 weeks before my contract ends. What maternity pay am I entitled to?
Thanks

Dear @SULfram9

Thank you for your query. You may still be able to qualify for Statutory Maternity Pay (SMP) even if your fixed-term contract ends shortly after your baby's birth as long as you meet the normal qualifying conditions for SMP.

You can get SMP if:

1. you are employed by the same employer for at least 26 weeks by the end of the 15th week before your expected week of childbirth. This means you need to have been employed by the same employer for the first 26 weeks of your pregnancy. This includes weeks of full-time and part-time work.
2. you are still employed by that employer in all or part of the 15th week before your expected week of childbirth. This includes weeks of annual leave, sick leave and maternity leave.
3. you have average weekly earnings of at least £123 per week in the 8 weeks (if you are paid weekly) or 2 months (if you are paid monthly) before the end of the 15th week before your expected week of childbirth.

If you meet these qualifying conditions, you can be paid SMP from your employer or ex-employer. It is paid at 90% of your average weekly earnings for the first 6 weeks and then £172.48 per week for the next 33 weeks (or 90% of your average weekly earnings if they are lower).

If your fixed-term contract ends in or after the 15th week before your baby is due and you have met all the other qualifying conditions above, you can still get SMP from your employer, even if your contract comes to an end. Your employer or ex-employer must pay your SMP for up to 39 weeks and they can claim it back from HMRC. If your contract is ending, your employer can pay your SMP in a lump sum if they wish to. This may mean that you and your employer pay more National Insurance as a result.

You must give your employer your MATB1 maternity certificate by the 15th week before your baby is due (or as soon as possible afterwards) in order to claim SMP.

If your employer calculates your SMP wrongly or refuses to pay it, you can contact HMRC Statutory Payments Disputes Team on 0300 322 9422 and ask for a formal decision on your SMP. HMRC will pay your SMP if your employer refuses to pay it or goes into liquidation.

If your employer offers 'occupational maternity pay' under their own maternity policy, this will usually 'top up' your SMP to a higher amount, e.g. full pay or half pay for a period. The occupational maternity pay will usually end when your contract ends as it is an employment benefit, but you should check your employer's maternity policy and/or see if you can negotiate it as part of a termination payment. Your employer must still pay your SMP for the full 39 weeks though if you have qualified for it.

If your fixed-term contract ends before the 15th week before your expected week of childbirth or your earnings are not high enough, you cannot claim SMP from your employer/ex-employer but you may be able to claim Maternity Allowance from DWP instead. You can claim Maternity Allowance if you are employed, self-employed or even if you are unemployed, as long as you have completed at least 26 weeks of employment and/or self-employment in the 66 weeks before your baby is due. You can claim Maternity Allowance here: https://www.gov.uk/government/publications/maternity-allowance-claim-form

You can find more information on SMP and how to claim Maternity Allowance on the Maternity Action website here: https://maternityaction.org.uk/advice/maternity-pay-questions/

Dear @CBmum91

Congratulations on your pregnancy.

The starting point is that companies are only obliged to offer a minimum of Statutory Maternity Pay (SMP) to those who meet the qualifying conditions. SMP is paid at 90% for the first 6 weeks and then £172.48 per week for 33 weeks (or 90% of your average weekly earnings if they are lower). Employers are reimbursed by HMRC for the SMP they pay out. Any maternity pay offered above the SMP amount is entirely at the discretion of the employer.

Unfortunately, your employer is not obliged to offer you the new enhanced rate of maternity pay (as stated above, this is at their discretion) if the policy wording states that the new rate only applies to those who begin maternity leave after the date you are due to begin your maternity leave.

However, this is not to say that you can’t go back to your employer and ask if they would be willing to extend the new benefit to you, in recognition of your service to the company. The purpose of occupational maternity pay is to attract and retain skilled and experienced employees, and you could also argue that it is to support new parents at the company during a cost-of-living crisis. It sounds like the policy hasn’t yet been finalised but I would recommend reviewing the policy wording as soon as you can to confirm whether it excludes someone in your position, and if so, continue your dialogue with your employer about the possibility of extending the benefit to you.

Dear @User13355

The starting point is that companies are only obliged to offer a minimum of Statutory Maternity Pay (SMP) to those who meet the qualifying conditions. SMP is paid at 90% for the first 6 weeks and then £172.48 per week for 33 weeks (or 90% of your average weekly earnings if they are lower). Employers are reimbursed by HMRC for the SMP they pay out. Any maternity pay offered above the SMP amount is entirely at the discretion of the employer.

Unfortunately, your employer is not obliged to offer an enhanced rate of maternity pay (as stated above, this is at their discretion), and they can withdraw additional benefits (as they have done with Christmas leave).

The business case for providing occupational maternity pay is to attract and retain skilled and experienced employees. If your employer decides to withdraw the enhanced occupational maternity pay from all staff or is only extending it to new joiners, I would encourage you to go back to your employer and ask if they would be willing to reconsider in recognition of those with long service with the company and to support new parents at the company during a cost-of-living crisis.

Hi. I had issues prior to my maternity with being excluded and what I would class as discrimination, which I raised with HR at the time. It was made quite clear to me, although they deny it, that they didn’t really want me to return/thought I wouldn’t return following Mat leave. I am due to return at the start of March so I put in a flexible working request as I wanted to know if it would be possible to return on a part time basis. I stated in the request that I would consider other roles. My role has since been advertised as a 12 month fixed term maternity cover role, despite my maternity ending in 4 months. They caused me so much stress on the run up to my mat leave, I ended up with severe pre eclampsia and had to start my mat leave early. I wish I’d of started a grievance process then but I was not in a position to, now I feel like I can’t return - I’m so stressed about it already and I feel like they are ruining this time with my baby. Are they allowed to advertise my role? How can discrimination be proven and is there any way to extend the 3 month rule to start a case against these incidents given I was on maternity? Many thanks

Hi, I am a British citizen living overseas (EU) and will be returning to live in England next year with a newborn baby. I am employed within the EU by a non-British company. Am I entitled to any benefits at all when I get back if I carry on only working for an EU employer until I take maternity leave? I could work freelance instead for British companies before I move back if that would stand me in better stead for getting maternity allowance or any benefits, but that work would be quite sporadic. I really appreciate any advice! My employer in the EU doesn’t pay NI contributions. But my husband has been employed by a British company the whole time so he has. Thank you 🙏

I am self employed and have just received confirmation that I'll receive the higher rate of MA pay. This is still low in comparison to SMP (e.g. I won't receive anything close to my earnings for the first 6 weeks of maternity leave). Is it correct that I can only work for 10 "KIT days" while receiving MA, before it's taken away? This seems unfair as SMP recipients can earn as self employed while on mat leave. How would I evidence these days for HMRC? I also wonder if I'm eligible for child benefit? My partner is employed full time and we are not doing shared parental leave, he is taking 2 weeks paternity leave.
Thank you!

Hi there, I'm self-employed and believe I will be able to claim the Maternity Allowance from February. The nature of my work means that I usually work during Spring-Summer-Autumn and tend to work and earn less in the winter months. Due to the timing of my pregnancy, it's looking as though I will now be out of work from now until the birth.

I understand that I can continue to take on self-employment during this period, but the nature of my work makes it unlikely for me.

My question is, am I able to take on a short-term employed contract to supplement my income this winter and still be able to claim the Maternity Allowance as a self-employed person?

Thank you for your help!

Dear @AliceMS

Thanks for your query.

Employees on maternity leave have the right to receive all the contractual terms and conditions of employment other than terms relating to “remuneration”. “Remuneration” means anything payable to you as “wages or salary”, so the question is whether your housing allowance counts as “wages or salary” for the purposes of the relevant legislation (The Maternity and Parental Leave Regulations 1999). If it does count as wages or salary, it will not be payable during your maternity leave, but if it is not remuneration, then you are entitled to the continued benefit during the 52 weeks of statutory maternity leave.

Unfortunately, this is a bit of a grey area, as there isn’t a leading case looking at the example of a cash housing allowance. HMRC has indicated that benefits with a “transferable cash value” would count as remuneration. A housing allowance paid to you in cash could be a benefit falling into this category. By contrast, if you received a non-cash benefit for housing (such as use of actual living accommodation rather than a cash contribution towards housing) then this would be unlikely to count as remuneration, and would continue to be payable during your maternity leave.

One way that you can help to work out if this applies to you is to look at your payslip and see if any National Insurance contributions are deducted from your housing allowance (i.e. is the housing allowance given along with your gross pay, or does it show up in your payslip after tax has been deducted from your salary?). If deductions are made from the housing allowance, then this is a good indication that it forms part of your contractual remuneration and won’t be payable to you during maternity leave.

You can also speak to your employer and look at any maternity leave policy they have in place to understand their position. If you know of any colleagues who receive a similar housing allowance and have taken maternity leave then you may be able to speak to them.

Dear @Laj91

Thank you for your question and I hope you are enjoying your maternity leave.

Annual Leave
Your holiday entitlement continues to accrue during maternity leave. For example, if you have taken a full year of maternity leave, you will have a full year's worth of holiday to use when you return. Before you return to work in February, you should discuss and agree with your employer on how you might wish to use annual leave to create a phased working pattern on your return. Your employer would need to agree to this, but it doesn't tend to be contentious.
Flexible Working Request
You can also make a flexible working request to permanently reduce your working hours and/or to change your work location. This is different to using your annual leave as above for a phased return. A formal flexible working request should be used for permanent changes such as a move to part-time, and not temporary working from home (which I'll mention more on below).

Provided you have not made a flexible working request in the last twelve months, you can make a statutory flexible working request. The government has a template flexible working application form (www.gov.uk/government/publications/the-right-to-request-flexible-working-form) which you can use for this. Your employer must consider the proposal and can only refuse for certain business reasons; however, the reasons are quite wide and give employers a great deal of discretion to choose whether the flexible working is suitable for the business or not. The flexible working regime provides a framework for having these discussions, but in reality, your aim is to find a solution that works for you and your employer.

If you are not able to reach an agreement with regards to flexible working with your employer, you may wish to exhaust any appeal process, failing which raise a grievance if you disagree with their decision, or take further action, including potentially contacting ACAS about legal claims if you believe their decision is discriminatory (often a refusal to permit part-time working can be a form of sex discrimination, but this is not always the case). However, it is important to note that your employer is not legally required to grant your flexible working request. Also, pursuing grievances or legal routes can damage relationships in practice so I would encourage working with your employer to discuss what type of working pattern would suit you going forward and why. There is more information about flexible work requests on the ACAS website here: https://www.acas.org.uk/flexible-working

You have also mentioned working from home to bridge the gap between your return to work and your nursery place being available. I understand why that may be very useful; however, an employer is quite likely to have concerns about you combining working with childcare. Normally, a working-from-home arrangement includes you agreeing that you will not be responsible for childcare during that time. If you are envisaging having someone else do primary care with you simply being in the house for emergencies/feeding for example, then you should explain that to your employer. Without doing so, your employer would have good grounds to refuse a working-from-home arrangement where you will be performing childcare while working.

A temporary solution in your circumstances could be taking parental leave immediately after maternity leave to give you more time off until the nursery place opens up. You have a statutory entitlement to take 18 weeks of parental leave in relation to your child, and your employer must approve four weeks of leave per year if you request it. The one hurdle can be that your employer is not compelled to agree to you taking it at a particular time, but in practice parental leave is quite common and least disruptive immediately after maternity leave. Unless your employer has a generous policy, parental leave would be unpaid. There is more information on parental leave here: https://www.gov.uk/parental-leave

Options to Leave

If your employer refuses your flexible work request, you may have to decide whether it is possible to return to work on the same terms and arrangements you had prior to your maternity leave. If you feel it is not possible to return to work, you may want to resign in the normal way, giving your employer as much notice as possible, and at least the notice required by your contract. I would always suggest exploring the job market before doing so, as it is far easier to find a job while in a job, and it will also give you some certainty about your next career move. The ideal scenario would be to have accepted a new role before resigning. Also, if you ever did get into a legal dispute with your employer, then you will be expected to try to mitigate any financial losses, which means that you need to do your best to find a new job.

As your employer offers enhanced maternity pay, you should also check your employment contract/the policy for any requirements for you to repay some or all of the enhanced amount of maternity pay (any amount exceeding statutory maternity pay) if you do not return after maternity leave or leave shortly after your maternity leave has ended. You cannot be asked to repay the Statutory Maternity Pay which is 90% of your average earnings for 6 weeks and £172.48 per week for 33 weeks (or 90% of your average earnings if they are lower). You are entitled to be paid for any annual leave that you have not taken; your employer should pay this, together with any notice pay you may be eligible for, in your final pay slip.

I wish you all the best, and please refer to the Maternity Action website for more information relating to resigning from your job during pregnancy and maternity leave.

Dear @Atay2507

Thank you for your query.

In answer to your query, yes, your employer may be considered to have discriminated against you by failing to notify you of vacancies and failing to include you in social events. There is an explicit provision for "reasonable contact" during maternity leave as well as more formal keeping-in-touch days (KIT days) which are optional.

An employer should make "reasonable contact" from time to time during an employee's maternity leave. This is different from statutory "keeping in touch" days. This contact may be used, for example, to enable your employer to discuss arrangements for your return to work or to keep you informed of important developments at work. What is reasonable will depend on individual circumstances. It is good practice before maternity leave to ask how much contact you would like during your leave and how you would like to be contacted, for example, by telephone, e-mail or post. You should also be included on the distribution list for workplace news bulletins, vacancies, information about social events and even training courses unless you requested otherwise.

Whilst you should not feel pressured to take part any action or attend any social or training events during your maternity leave, exclusion from these arrangements against your wishes, as in your case, could amount to maternity discrimination.

You should be informed of any promotion opportunities or vacancies which arise during maternity leave. As an initial step, I suggest contacting your manager and/or HR to remind them of the arrangements made for contact during your maternity leave and to ask why you have not been notified of job opportunities and social events. Unfortunately, it can often be because of staff changes or mistakes. It is important to try to resolve things informally wherever possible in order to try to maintain a good working relationship.

If you are not happy with the response and you want to take it further, you can raise it formally by using your employer's grievance procedure. I would usually only recommend using a grievance process as a last resort. However, if you want to pursue a claim in an employment tribunal, you will need to show that you have tried to resolve the issues with your employer. In order to start a claim, you must also contact ACAS within 3 months of the act or series of acts you are complaining about. ACAS will try to help you resolve the dispute initially through early conciliation: https://www.acas.org.uk/early-conciliation

You have mentioned that you are in a union and I suggest discussing it further with your union once you have received a response from your employer. They can provide support to raise a grievance or provide further legal advice on the merits of an employment tribunal claim.

Dear @Bethnal30

Thank you for your query, and congratulations on your pregnancy. You will be entitled to Maternity Allowance if:

1. You have been employed and/or self-employed for at least 26 weeks out of the 66 weeks before your expected week of childbirth. The 26 weeks do not have to be in a row or with the same employer. The weeks can be made up of different types of work, and you do not need to be currently employed when you make your claim for Maternity Allowance. A 'week' includes full-time or part-time work, which can be as little as a day or half day of work per week.

1. You earned at least £30 per week on average in any 13 weeks (or 4 months if you are paid monthly) in the 66 weeks before your expected week of childbirth. These weeks do not have to be in a row and can come at any time in your 66-week test period. It is important to send payslips with your highest earnings over the 13-week/4-month period in order to get the maximum amount of Maternity Allowance. If you are relying on any periods of self-employment, the Department for Work and Pensions (DWP) will check your Class 2 National Insurance Contributions. You will need to have paid at least 13 weeks of Class 2 contributions in your 66-week test period, and you should be given an opportunity to do this voluntarily as part of the Maternity Allowance application if your contributions are not up to date.

You can claim Maternity Allowance on the basis of employment or self-employment, which is subject to Class 1 (employed) or Class 2 (self-employed) National Insurance contributions. If you have not yet paid any Class 2 National Insurance contributions, DWP will check when you registered as self-employed so it is advisable to do so as soon as you start your self-employment. If you have not been registered for at least 26 weeks in the 66 weeks before your expected week of childbirth, your claim may be refused unless you can provide proof of engagement in self-employed work.

In addition, if you have not worked or earned enough in the UK to be eligible for Maternity Allowance but you have been working abroad (in the EU and some other countries), DWP may be able to take those earnings into account. You should complete details of your employment abroad in the Maternity Allowance claim form.

If you are eligible, Maternity Allowance is paid for up to 39 weeks. It is paid at a flat rate of £172.48 per week (April 23 – April 24) or 90% of your average weekly earnings if they are lower than the flat rate (the rate will depend on your payslips if you are claiming on the basis of employment). If you are claiming Maternity Allowance on the basis of self-employment and you have paid (or do so as part of the application process) enough Class 2 National Insurance Contributions, you will be entitled to the full flat rate of £172.48 per week.

You can claim Maternity Allowance anytime from the 26th week of pregnancy, but you will need to apply later if you have not yet met the qualifying conditions above. Maternity Allowance can only be backdated for a maximum of three months. You can print a copy of the form from the Government’s website here: https://www.gov.uk/government/publications/maternity-allowance-claim-form or you can telephone the Job Centre Plus on 0800 055 6688 and ask for form MA1.

You will need to send a copy of your MATB1 maternity certificate along with your due date. If you do not have a midwife or GP in the UK, you will need to send a translated letter or certificate confirming your pregnancy and due date, stamped and signed by a registered health professional.

You can get further advice on claiming benefits on the basis of employment abroad from the International Pension Centre: https://www.gov.uk/international-pension-centre

You will be able to claim Child Benefit for your baby upon moving to the UK. There is more information and a link to the claim form here: https://www.gov.uk/child-benefit-move-to-uk

If your partner is working for a UK employer and paying Class 1 NICs, he will be eligible for 2 weeks' paternity leave and Statutory Paternity Pay if he meets the qualifying conditions and gives the correct notice. He should check his employer's policies to see if they provide any enhanced paternity pay or any other contractual rights to time off.

I hope everything goes well.

Dear @JaneAF

You can work for up to 10 keeping-in-touch days without losing your Maternity Allowance. After ten days, you will be disqualified from MA 'as is reasonable in the circumstances' as long as you have not returned to your normal working pattern or normal volume of work as before your maternity leave.

As Maternity Allowance (MA) is paid by the Department for Work and Pensions (DWP), you should report any days of work to the Maternity Allowance claims section. Unfortunately, there is no specific guidance on how to report your working days but the DWP guidance says that if you are unable to specify your working days, DWP will make an estimate. Therefore, it's important to have a good record of the days on which you worked, the number of hours worked, and what you did, which should be sufficient. There is no limit to the amount of pay you can earn on a KIT day.

There is also no guidance on when to tell DWP about your work, and this suggests that DWP only requires you to report once you have completed the ten KIT days, as that is when they will make a decision about whether your MA will end or how much MA you will lose.

You should note that even if you work for only one hour, it will use up one day of your ten KIT days, so it's important to carry out as much of your paid work in each of those ten days wherever possible.

As you are self-employed, the following admin tasks are not counted as part of your 10 KIT days or subsequent working days so you do not need to report these although you should keep a record in case DWP ever dispute it.

This is their guidance.

Minimal maintenance and admin tasks carried out which, if they were neglected would seriously impact the individual's ability to continue the work they do once they return to normal working pattern. There should be no direct payment for the work done. These are tasks that employed people would generally not need to take on during their period of maternity leave as the business they work for would be expected to cover them.

Minimal Maintenance and Admin Tasks:

· Carrying out necessary administration.
· Accepting work which is due to start after the woman’s return to work and after her MA ends.
· Carrying out essential maintenance to the woman’s website or equipment. Responding to correspondence requesting information as long as it does not relate to work to be carried out before the woman’s return to work and before her MA ends.
· Keeping essential formal qualifications and licenses up-to-date.
· Keeping skills at an acceptable level. This should not include formal paid-for training.
· Preparing for work arranged before the woman’s MAP starts but to be carried out after her return to work and after her MA ends.

Reasonable disqualification from MA after ten days of work

Once you have completed ten days of work in your MA period, you should report your working days to DWP. If you have returned to work with the same working pattern or amount of work as before your maternity leave, DWP will end your remaining MA. However, if you have returned part-time or for a short period, you can ask for a reasonable disqualification. For example, if you return to work for one day per week during the rest of your MA period, DWP can make a proportionate reduction in your remaining MA payments. This will be based on a 1/7th reduction in your weekly MA payment for each day of work, and this is specified in the DWP decision-makers guidance:

‘Where the DWP decides that the woman is not entitled to a period of less than a week, it may be necessary to calculate the daily rate of the allowance. The daily rate of MA is one-seventh of the weekly rate.’

The guidance gives the following example in this situation:

If a woman works for more than ten days during her MA period, the DM (decision-maker) must decide the period of disqualification. The DM must consider what disqualification might be reasonable based on the particular facts and circumstances of each case. However, once a woman has worked for ten days, the number of days for which a disqualification is imposed must be at least for the number of days she then works.

Example:

Alison’s MA period ends on 25.6.11. On 9.2.11 she goes to work and will continue to work every Wednesday only during her MA period. There is no disqualification for the first ten days Alison works (every Wednesday from 9.2.11 to 13.4.11). The DM then considers the period of disqualification. As Alison worked five days a week before her MAP and has returned to work for one day a week, the DM decides it is reasonable that she is disqualified for receiving MA only for the days worked (every Wednesday from 20.4.11 to 22.6.11).

You can find more information on self-employed rights on the Maternity Action website here: https://maternityaction.org.uk/advice/maternity-and-parental-rights-for-self-employed-parents/

Child benefit

You can also claim Child benefit once you have registered your baby's birth. There is no limit on how many children you can claim Child Benefit for.

You can find the claim form here: https://www.gov.uk/child-benefit

Child benefit is not means-tested, however, if one or both parents earn more than £50,000 per year, they will be subject to a high earner charge and will have to repay all or most of the Child Benefit.

Most other benefits are means-tested and will depend on your total family income, any savings and other circumstances. You can find a benefits calculator here as you may be entitled to some additional help: https://www.gov.uk/benefits-calculators

I hope that helps.

Dear @KFred,

You will be eligible for Maternity Allowance (MA) if you meet the following employment and earnings test:

1. You have been employed and/or self-employed for at least 26 weeks out of the 66 weeks before your expected week of childbirth. The 26 weeks do not have to be in a row or with the same employer. The weeks can be made up of different types of employed or self-employed work and you do not need to be currently employed when you make your claim for MA. Taking on some additional employed work prior to the birth and before your MA has started will not affect your claim and may be helpful if you do not already meet the qualifying conditions. See below for the start date for your MA payments.

1. You earned at least £30 per week on average in any 13 weeks (or 4 months if you are paid monthly) in the 66 weeks before your expected week of childbirth. These weeks do not have to be in a row and can come from any time in your 66 week test period. If you are claiming MA on the basis of employment it is important to send payslips with your highest earnings over the 13 week/4 month period in order to get the maximum amount of MA. If you are relying on any periods of self-employment, the Department for Work and Pensions will check your Class 2 National Insurance Contributions. If your NI contributions are not up to date, you should be given an opportunity to do this as part of your MA application.

MA is paid for up to 39 weeks. It is paid at a flat rate of £172.48 per week (April 23 – April 24) or 90% of your average weekly earnings if they are lower than the flat rate. If you are claiming MA on the basis of your self-employment and you have paid (or do so as part of the application process) enough Class 2 National Insurance Contributions, you will be entitled to the full flat rate of £172.48 per week.

You can choose when your MA payments start and you should put the date you intend to start your maternity leave on your MA claim form. Payments can start as early as the 11th week before your baby’s due date or as late as the birth. If you are unemployed, or become unemployed, in the 11 weeks before your baby is due, MA payments will automatically start from the date that your job ends. If you remain registered as self-employed throughout this period, you will not be regarded as unemployed (even if you have do not have much work coming in during certain months), therefore, you can delay the start of your MA until after you have completed the short-term contract.

If you decide to take on some employed work prior to starting your maternity leave, you will need to put the date that you intend to stop your employed work on your MA claim form. This will be the date that your MA will start to be paid from. If your MA has already started and you take on employed work either before or after the birth, you will be limited to working ten 'keeping in touch' days during your MA period. Once you have worked for ten days you can be disqualified from the rest of your MA. Once you have worked for more than ten days during your MA period any disqualification should be 'reasonable' depending on the amount of work you are doing. There is more information on self-employed rights on the Maternity Action website here: https://maternityaction.org.uk/advice/maternity-and-parental-rights-for-self-employed-parents/

You can claim MA anytime from the 26th week of pregnancy. You will need to apply later if you have not yet met the qualifying conditions above. MA can only be backdated for a maximum of three months. You can print the form from the Government’s website here: https://www.gov.uk/government/publications/maternity-allowance-claim-form  or you can telephone the JobCentre Plus on 0800 055 6688 and ask for form MA1. You will need to send a copy of your MATB1 maternity certificate to claim MA.

I hope that helps.

Thank you this is very helpful and confirms some things I needed clarity on. Regarding Child Benefit, how are my annual earnings calculated as I have earned more through freelance work in the past 5 months than is typical for me? I am concerned that if this is taken as my average earnings for the rest of the year, I will be exempt from Child Benefit? Thank you.