Maternity Leave Pay for Small Business Owners: Entitlements and How to Claim Them

If you run a small business and are preparing for maternity leave, it’s important to know what pay you are entitled to. As a small business owner, you can claim Statutory Maternity Pay if you employ yourself through your business and meet certain eligibility rules. You may also be able to get Small Employer Relief, which helps reduce some of the costs involved.

Understanding your rights and options can help you plan better for the time off without causing financial strain. Whether you are self-employed or pay yourself through a company, knowing what support is available can make a big difference. This guide will break down the key points to help you navigate maternity leave pay clearly and confidently.

For more detailed employer obligations and relief options, you can explore small business maternity pay.

Understanding Maternity Leave Pay for Small Business Owners

Knowing the rules about maternity leave pay can help you plan your finances and work arrangements properly. Different factors affect what you might get, such as your employment status and whether your business offers its own maternity scheme.

Eligibility Criteria for Maternity Leave Pay

To qualify for Statutory Maternity Pay (SMP), you must be employed by your business and have worked continuously for at least 26 weeks by the 15th week before your baby is due. Your average weekly earnings must be above the lower earnings limit set by the government.

If you’re self-employed or working as a sole trader, SMP does not apply to you. However, you may qualify for Maternity Allowance instead.

To get SMP, you must give your employer the correct notice and evidence of your due date. Your business must also meet the eligibility rules, which apply differently if it’s a small company or you are a director.

Employment Status and Its Impact

Your employment status affects your maternity pay rights. If you are a company director, you might be treated as an employee or self-employed for SMP purposes. This can change your entitlement.

Agency workers and contractors can have different rules. If you work through an agency, eligibility depends on your contract and how long you have worked.

As a small business owner, if you pay yourself a salary through your company, you might qualify for SMP. But if you only take dividends, SMP is unlikely to apply, since dividends are not counted as earnings.

Key Differences: Statutory, Contractual, and Company Schemes

There are three main maternity pay schemes to know about:

• Statutory Maternity Pay (SMP): A legal minimum paid for up to 39 weeks. It starts at 90% of your average weekly earnings for six weeks, then £172.48 or 90% of your earnings (whichever is lower) for 33 weeks.

• Contractual Maternity Pay: Some businesses offer pay above SMP as part of your contract. This means you may get full or partial pay for a set time, depending on the terms.

• Company Maternity Scheme: Your business can create its own scheme with different rates or conditions. This often offers more support but is not required by law.

Understanding these schemes helps you know what financial support to expect during maternity leave and how your business might support you beyond statutory rules. For detailed guidance on small business maternity obligations, you can visit Complete Guide to Maternity Pay Obligations For Employers.

Statutory Maternity Pay, Allowance, and Alternative Benefits

You are entitled to different types of maternity payments depending on your employment status and earnings. These include Statutory Maternity Pay (SMP) if you work for an employer, Maternity Allowance if you are self-employed or do not qualify for SMP, and other financial supports such as Universal Credit.

Statutory Maternity Pay (SMP): Qualifying Conditions

SMP is paid by your employer for up to 39 weeks. To qualify, you must have worked continuously for your employer for at least 26 weeks up to the 15th week before your baby is due. Your average weekly earnings must be at least £123 before tax (for the 2024/25 tax year) to qualify.

The payment rate is 90% of your average weekly earnings for the first 6 weeks, followed by £172.48 or 90% of your earnings (whichever is lower) for the remaining 33 weeks. SMP is subject to tax and National Insurance deductions.

Employers reclaim most SMP from HMRC. If you receive dividends instead of a salary, you may not qualify unless you pay Class 1 National Insurance Contributions.

Maternity Allowance for the Self-Employed and Directors

If you’re self-employed, a director, or don’t meet SMP conditions, you can apply for Maternity Allowance. This allowance is usually paid for up to 39 weeks. To qualify, you must have been employed or self-employed for at least 26 weeks in the 66 weeks before your baby’s due date.

Maternity Allowance pays £172.48 per week or 90% of your average weekly earnings, whichever is less. You’ll need proof of pregnancy and evidence of your work history.

If you receive income mainly from dividends and pay little Class 1 National Insurance, this allowance may be your only option.

How to Claim and Evidence Required

To get SMP, you need to tell your employer about your pregnancy and the expected week of childbirth by the 15th week before your baby arrives.

Your employer will use a tool like the SMP calculator on GOV.UK to work out your pay. You do not usually have to claim SMP yourself, but you must provide evidence like a MAT B1 form, which your midwife or doctor gives you as proof of pregnancy.

For Maternity Allowance, you claim directly through the government, either online or by post. You must include proof of earnings and your MAT B1 form.

Other Financial Support and Universal Credit

If you do not qualify for SMP or Maternity Allowance, you may be eligible for other benefits like Employment and Support Allowance or Universal Credit.

Universal Credit can provide extra financial support if your income drops during pregnancy or maternity leave. You need to apply and show evidence of your pregnancy, earnings, and household circumstances.

Check your eligibility regularly, as rules and rates can change yearly with the tax year adjustments. You can find detailed guidance on GOV.UK.

Essential Rights and Responsibilities During Maternity Leave

You have specific rights and duties during maternity leave that protect your job and income. Understanding these rules helps you manage your leave smoothly and meet all legal requirements.

Statutory Maternity Leave: Ordinary and Additional Leave

You are entitled to up to 52 weeks of statutory maternity leave. This is split into 26 weeks of ordinary maternity leave followed by 26 weeks of additional maternity leave.

During ordinary maternity leave, you get full rights to return to your job or a similar role if your original role no longer exists. During additional maternity leave, your right to return remains but the role may differ if offered.

Both leave types protect your employment status. You do not have to take the full leave but must use at least two weeks of compulsory leave after childbirth. This entitlement applies regardless of how long you’ve worked for your employer.

Notice Requirements and Compulsory Leave Periods

You must inform your employer about your pregnancy and intended leave dates at least 15 weeks before your baby’s due week. This notice should include your expected week of childbirth and when you plan to start maternity leave.

After your baby is born, you must take at least two weeks of compulsory maternity leave immediately, or four weeks if you work in a factory. You cannot return to work during this compulsory period.

If you want to change your leave dates, you must give your employer 28 days’ notice. This helps your payroll and planning, including calculations for statutory maternity pay.

Holidays, Payroll, and Employer Responsibilities

During maternity leave, your right to holiday accrual remains. You keep accruing paid holidays as if you were working. You can take these holidays during or after your maternity leave.

You are entitled to statutory maternity pay (SMP) for up to 39 weeks if you meet the qualifying conditions. The first 6 weeks are paid at 90% of your average weekly earnings, then 33 weeks at the SMP rate set by the government.

Employers must manage payroll correctly and report maternity pay through payroll software to HMRC for tax and National Insurance purposes. Even if your business stops trading, your employee’s maternity rights and payments continue.

Accurate payroll management avoids penalties and ensures compliance with maternity pay and leave rules.

Managing Maternity Leave Pay as a Small Business

You need to keep accurate records when paying maternity leave and understand your tax duties. Different rules may apply depending on your business type and whether the employee is a director or shareholder. Staying compliant with HMRC guidelines is essential to avoid penalties and ensure smooth payroll management.

Running Payroll for Maternity Pay

You must include Statutory Maternity Pay (SMP) in your payroll calculations. SMP lasts up to 39 weeks, paid at 90% of average weekly earnings for the first 6 weeks, then at a standard rate or 90%, whichever is lower.

Use payroll software that calculates SMP automatically to reduce errors. Ensure you keep records of maternity leave dates and payments for HMRC. Small business relief may reduce your costs if you qualify.

For sole traders, SMP is usually not applicable since you are self-employed. However, if you employ staff, you must handle SMP for them properly.

Dealing with Tax and National Insurance Obligations

Maternity pay counts as earnings, so you must deduct income tax and employee National Insurance contributions (NICs) from SMP. You also pay employer NICs unless your business qualifies for small employer NICs relief.

Use your payroll system to calculate these deductions and report them to HMRC through your Real Time Information (RTI) submissions. Keep up with deadlines to avoid fines.

If your business is a limited company, accounting for NICs correctly protects your company from penalties. Staying up to date with tax and NIC rules helps maintain smooth payroll processing.

Handling Maternity Pay for Shareholders and Directors

Directors and shareholders have different maternity pay rules. If you are a director paying yourself through dividends, SMP does not apply to those payments.

Maternity pay must be handled through your salary if you’re on PAYE. You must treat SMP the same as for any employee and report it correctly to HMRC.

Check eligibility as directors can qualify for SMP if they meet minimum earnings criteria and have worked for the company long enough. Make sure your payroll fully reflects these rules to avoid mistakes.

You can find further details about managing maternity pay in your business type and structure at Statutory Maternity Pay and Leave: employer guide – GOV.UK.

Legal Protections and Common Issues for Business Owners

You must understand the legal framework that protects pregnant employees and those on maternity leave. These laws affect how you manage staff during pregnancy and maternity, especially around discrimination and dismissal. Knowing your rights and duties helps you avoid legal risks and ensures fair treatment.

Maternity, Pregnancy, and Sex Discrimination

You cannot treat an employee unfairly because she is pregnant, on maternity leave, or has recently returned from it. Pregnancy discrimination includes denying promotion, reducing hours, or changing duties without a good reason.

The law protects employees from less favourable treatment related to pregnancy or maternity leave. This protection starts from when you are informed of the pregnancy and lasts throughout maternity leave and beyond. Ensure your policies clearly prevent discrimination and that managers understand them.

Key points:

• Discrimination because of pregnancy or maternity is illegal.
• Treat pregnant employees the same as other staff, unless health or safety reasons require adjustments.
• Communicate clearly and support your employee’s needs during pregnancy.

Unfair Dismissal and Tribunal Claims

You cannot dismiss an employee for a reason linked to pregnancy or maternity leave. If you do, this is likely unfair dismissal. Employees can bring a tribunal claim against you even if they have worked with you for less than two years.

Dismissal related to pregnancy or maternity can lead to costly tribunal claims, affecting your business reputation and finances. You should document decisions well and get legal advice before making any dismissal connected to pregnancy or maternity.

Remember:

• A dismissal linked to pregnancy is usually automatically unfair.
• Employees can claim unfair dismissal even with short service.
• Keep clear records to defend your decisions.

The Equality Act and Your Rights

The Equality Act 2010 protects employees against discrimination based on sex, pregnancy, and maternity. It places a duty on you to make reasonable adjustments and treat pregnant staff fairly.

You also have the right to enforce workplace rules fairly and safely. For example, you may suspend an employee on health and safety grounds, but not because she is pregnant. Any action must not be discriminatory.

Under the Equality Act:

• You must not discriminate directly or indirectly.
• Reasonable adjustments should be made when needed.
• You can enforce rules but must avoid unfair treatment.

Additional Parental Leave Options and Future Considerations

You have access to different leave options beyond standard maternity pay. Some allow you to share leave with your partner. Others cover special situations like premature births. Support organisations can also help you understand your rights and benefits.

Exploring Shared Parental Leave and Paternity Leave

Shared parental leave (SPL) lets you and your partner share up to 50 weeks of leave after your child is born or adopted. Your partner can take part of your maternity leave, giving you more flexibility on how you split time off.

Paternity leave gives eligible partners up to two weeks off immediately after the birth, with statutory pay during this period. To qualify for paternity leave or shared parental leave, you need to meet certain work and earnings criteria.

Check eligibility early, so you can plan your leave and pay arrangements with your employer. Offering SPL can help your business by keeping staff supported without causing lengthy absences. More details on shared parental leave rules are explained in this government review of the parental leave system.

Arrangements for Premature Births and Neonatal Care Leave

If your baby is born early or needs extra hospital care, you may qualify for neonatal care leave. This leave supports parents while their child receives medical attention.

Neonatal leave is usually separate from usual parental leave and can be added on beyond standard leave time. Statutory pay may also apply, depending on how long your baby stays in hospital.

Employers must allow flexible working arrangements during this time. It helps you care for your baby without losing job security or income. Awareness of these rights is important if you face unexpected early births.

Changes to parental leave and pay in 2024 and 2025 stress the importance of recognising neonatal support rights. More about these updates can be found via Arbor Law’s analysis of parental leave changes.

Support from Citizens Advice and Other Organisations

Citizens Advice offers free, impartial guidance on your parental leave and pay rights. They can help you understand what benefits you might get and how to raise any issues with your employer.

You can access support online, by phone, or in person at local offices. Their advice covers maternity, paternity, shared parental leave, and pay.

Other organisations also provide resources for small business owners navigating employment law around parental leave. They can help you stay compliant while supporting your staff effectively.

Visiting Citizens Advice early can clarify your options and reduce stress during this complicated process. More information about employment rights and support is available from Citizens Advice.

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