Statutory Maternity Pay
If a nanny becomes pregnant her employer has duty to administer Statutory Maternity Pay (SMP). There are rules surrounding Maternity Leave & Pay and to make it easier we've answered some of the most frequently asked questions below:
Is my nanny entitled to Maternity Leave?
- Any pregnant employee may take 52 weeks leave regardless of their length of service.
- If they wish to return before the end of the 52 weeks they must give the employer 8 weeks notice.
How much is Statutory Maternity Pay?
- The first 6 weeks of Statutory Maternity Pay is at 90% of nanny’s gross wage.
- The remaining 33 weeks are at the current SMP rate of £140.98 or nanny’s salary, whichever is lower.
- Any additional pay is at the employer's discretion. Additional pay cannot be reclaimed.
Length of employment and SMP
- The nanny qualifies for SMP if they have been with you the same employment for 26 weeks (i.e. six months) prior to the 'notification week', which is 15 weeks before the baby's due date.
Can SMP be claimed back?
- Employers can usually reclaim the SMP costs involved, although every case is different.
- Your nanny should provide you with a Maternity Certificate (MATB1) for this purpose.
Holiday entitlement and SMP
- Holiday Entitlement is accrued as normal throughout the Maternity Leave (including bank holidays) and is at the employer's expense.
- However, if the nanny is either made redundant or resigns as they go on Maternity Leave, this does not apply.
- Pregnant employees are entitled to paid time off to attend appointments made on the advice of her midwife, health visitor or GP.
- Except for the first appointment, the nanny must be prepared to show her employer the appointment card.
- She may not be able to arrange appointments at times of her choice in which case she must be allowed to attend and be paid.
Keeping in touch
- Statutory Maternity Leave includes 10 'Keeping in Touch' days.
- The nanny may work for up to 10 days without bringing her Maternity Leave to an end or losing her SMP or Maternity Allowance.
- They can be used for any work-related activity and working for part of a day will count as one day’s work.
- Employers now can also make reasonable contact during Maternity Leave, for example, to discuss the nanny’s return to work.
- Contact our offices as soon as possible, the employer will have to administer SMP and we will explain what needs to happen and fully assist them through the process.
- Our experienced payroll specialists will take care of all SMP administration for our clients if their nanny falls pregnant and needs to take Maternity Leave.
- We will continue to provide payslips for the nanny throughout her Maternity Leave and provide comprehensive Payroll Services for any replacement/temporary nanny.