Statutory Maternity Pay (SMP) Explained for Employers and Employees: Key Guidelines and Responsibilities

Statutory Maternity Pay (SMP) is a key right for employees and an important responsibility for employers. It provides financial support during maternity leave, paying eligible employees up to 39 weeks with specific rates and conditions. Understanding these rules helps you manage expectations and avoid mistakes.

If you are an employee, knowing when and how much SMP you can get is crucial for planning your leave. Employers need to know how to calculate SMP correctly and what obligations they must meet under the law. This guide will break down the essentials of SMP clearly and simply.

Whether you are hiring, managing a team, or expecting a baby yourself, understanding SMP helps you prepare for this important time without confusion or stress. For more details on eligibility and calculation, you can check the official Statutory Maternity Pay and Leave employer guide.

Understanding Statutory Maternity Pay

Statutory Maternity Pay (SMP) provides financial support when you take time off work to have a baby. It is important to know how SMP compares to other maternity-related payments, such as Maternity Allowance and Enhanced Maternity Pay, because your eligibility and payment amount will vary depending on your situation.

What Is Statutory Maternity Pay?

Statutory Maternity Pay, or SMP, is a legal payment made to eligible employees who take maternity leave. To qualify, you must have worked for your employer continuously for at least 26 weeks by the 15th week before your baby’s due date. Your average weekly earnings must also meet a minimum threshold.

SMP lasts for up to 39 weeks. For the first 6 weeks, you get 90% of your average weekly pay before tax. For the remaining 33 weeks, you receive either £172.48 per week or 90% of your average weekly earnings, whichever is lower. Your employer pays SMP but can usually reclaim most of it from HMRC.

Difference Between Statutory Maternity Pay and Maternity Allowance

Maternity Allowance is a benefit paid by the government if you don’t qualify for SMP. This usually applies if you are self-employed, recently left a job, or don’t meet the earnings or work length criteria for SMP.

Unlike SMP, Maternity Allowance is paid for up to 39 weeks at a flat rate or a percentage of your earnings, depending on your circumstances. You apply for Maternity Allowance through the government, not your employer.

If you qualify for SMP, you should not claim Maternity Allowance as you cannot receive both. Check your eligibility carefully to ensure you get the correct payment.

How SMP Differs from Enhanced Maternity Pay

Enhanced Maternity Pay is an extra payment some employers offer on top of the statutory amount. It is not a legal requirement but can improve your income during maternity leave.

While SMP is fixed by law, Enhanced Maternity Pay varies depending on your employer’s policy or your employment contract. This pay can be based on a percentage of your full salary or include additional weeks at full or partial pay.

You should check your contract or staff handbook to see if you are entitled to Enhanced Maternity Pay. Your total maternity pay could then be a combination of SMP and any additional employer payments.

For more detailed guidance on these payments, visit Statutory Maternity Pay and Leave: employer guide – GOV.UK.

Eligibility Criteria and Key Dates

Knowing the important dates and conditions helps you confirm if someone can get Statutory Maternity Pay (SMP). It involves checking specific weeks during pregnancy, earnings, and employment status. The right paperwork and timing are key to making sure you meet legal rules.

Qualifying Week and Relevant Period

The Qualifying Week is the 15th week before the expected week of childbirth. You must usually tell the employer by this time if you want SMP. The “Relevant Period” refers to the 8 weeks leading up to the Qualifying Week.

During this period, your average weekly earnings (AWE) are checked. Your earnings must be above the lower earnings limit to qualify. If your AWE falls below this, you may not be eligible for SMP.

You should provide the official MATB1 form from a doctor or midwife as proof of the expected week of childbirth. This document confirms the dates needed for SMP entitlement.

Minimum Earnings Requirements

You must earn at least the National Insurance lower earnings limit to qualify for SMP. This limit is checked based on the AWE during the Relevant Period.

If your average earnings do not meet this, you cannot receive SMP, but you may be able to apply for Maternity Allowance instead.

Your employer calculates your AWE by adding your total pay during the Relevant Period and dividing it by 8.

Entitlement for Agency Workers and Eligible Employees

Agency workers may qualify for SMP if they have a contract and meet the earnings and continuous employment rules. This means you do not have to be a permanent employee to qualify.

Eligible employees include those with a contract demonstrating regular work patterns with the employer before the Qualifying Week.

Employment rights mean you cannot lose your job just for being pregnant or taking your maternity leave. Your employer must treat you fairly and follow legal processes.

More on qualifying criteria and employer duties can be found in the employer guide to Statutory Maternity Pay and Leave.

Calculating and Paying Statutory Maternity Pay

You need to calculate SMP based on your employee’s average weekly earnings before tax. You then deduct any income tax and National Insurance contributions from the pay. Tools like the SMP calculator on gov.uk can help you get this right.

Step-by-Step Calculation of SMP

To calculate SMP, first work out the employee’s average weekly earnings. This is based on their gross pay before tax and National Insurance, taken from an 8-week period ending with the last payday before the 15th week before the baby is due.

SMP is paid for up to 39 weeks:

• First 6 weeks: 90% of average weekly earnings
• Remaining 33 weeks: £172.48 or 90% of average weekly earnings (whichever is lower)

You must pay SMP on normal pay days and include holiday and pension contributions if applicable.

Income Tax and National Insurance Implications

You deduct income tax and Class 1 National Insurance contributions from SMP payments before paying your employee. SMP counts as earnings, so it is subject to the usual tax rules.

Your employee’s tax code and National Insurance category affect how much tax and NICs are deducted. Use your payroll system to calculate this correctly and report it through RTI.

If SMP exceeds your National Insurance earnings limit, you must pay Class 1 employer NICs on the SMP amount.

Using the SMP Calculator and gov.uk Resources

The SMP calculator on gov.uk is designed to help you work out the correct SMP amount. It lets you enter earnings, leave dates, and other details for precise calculations.

gov.uk also provides detailed guidance to ensure you follow the right rules for different employee types, like agency workers or directors. Using official resources helps you avoid errors and ensures compliance with current maternity pay laws.

Statutory Maternity Leave and Employment Rights

You are entitled to specific maternity leave periods with legal protections for your job and pay. Your holiday rights and other workplace conditions are also kept during maternity leave. Additionally, there are options for parental and paternity leave to support your family needs.

Ordinary Maternity Leave and Additional Maternity Leave

You have a right to 26 weeks of Ordinary Maternity Leave (OML). This can start up to 11 weeks before your due date. After OML, you can take an Additional 26 weeks called Additional Maternity Leave (AML). Together, these make up a total of 52 weeks.

During both OML and AML, your employment rights are protected. This means you can’t be unfairly dismissed or lose benefits. You must give your employer notice when you plan to start your leave. You also have the right to return to the same or a similar job after your leave ends.

Impact on Holidays and Workplace Conditions

Statutory Maternity Leave does not stop your holiday entitlement from increasing. You keep accruing paid holiday while on leave. If you don’t take holidays before the leave, you can usually carry them over to use later.

Your workplace conditions remain in place while you’re on maternity leave. You keep your contract terms, benefits, and pension rights. Your employer must also maintain a supportive workplace culture, which means avoiding discrimination or unfair treatment because of pregnancy or maternity.

Parental Leave, Paternity Leave and Shared Parental Leave

Parental Leave is unpaid and allows you to take time off to care for your child. You can use up to 18 weeks per child before they turn 18, but it is separate from maternity leave.

Paternity Leave lets partners take up to 2 weeks off after birth, and it can be paid. Shared Parental Leave (SPL) allows you to split up to 50 weeks of leave and 37 weeks of pay between you and your partner. SPL must be agreed with your employer and used within the child’s first year.

These leave options give flexibility but have different rules and eligibility requirements. Make sure to check what applies to your situation.

Statutory Maternity Pay and Leave for employers and employees provides detailed guidance on these rights.

Employer Responsibilities and Reporting

You must understand how to manage SMP costs, report payments correctly to HMRC, and keep accurate records. This ensures your business stays compliant and you can claim any refunds where eligible.

Small Employers’ Relief and Employer Payment Summary

If your business qualifies as a small employer, you can reclaim some or all SMP paid through Small Employers’ Relief (SER). This relief lets you recover 103% of SMP costs, including certain Class 1 National Insurance contributions.

To claim this relief, you must include SMP payments in your Employer Payment Summary (EPS) submitted to HMRC. The EPS is a monthly return showing adjustments like SMP refunds or statutory payment recoveries.

Make sure your payroll software supports EPS submissions. You need to report each month you pay SMP, including zero payments if no SMP is due. Incorrect or late EPS submissions can delay your refunds or cause penalties.

Reporting SMP to HMRC

You must report SMP through the EPS to HMRC each payday period. This report details the total SMP you have paid, and you can request reimbursement for eligible amounts.

Your payroll dates must align with HMRC reporting periods for accurate claims. If there are no SMP payments in a period, send an EPS with zero figures to keep records up to date.

Failure to send EPS on time means SMP payments remain unrecovered until you provide the correct information. Use HMRC’s online services or payroll software that supports EPS submissions to avoid errors.

Managing Statutory Payments and Record Keeping

You must keep clear records of all maternity leave and SMP payments for at least three years. Records should include:

• Employee’s maternity leave start and end dates
• SMP amounts paid each week
• Dates when SMP payments were made

Good record keeping supports payroll accuracy and ease of HMRC enquiries. It also helps if HMRC audits your statutory payment handling.

Keep evidence of earnings and employment status to prove SMP eligibility if needed. This data must be stored securely and available on request by HMRC.

Improving Access to Government Services

You rely on government websites to provide clear, efficient access to services like Statutory Maternity Pay (SMP). To make these websites work smoothly, specific technical elements like cookies must be carefully managed to balance usability and privacy.

Cookies and Tracking for Government Websites

Government websites use cookies to improve your experience and help services run properly. These small data files store information about your visit, such as language preferences or login details.

There are two main types of cookies you’ll encounter:

• Essential cookies: Required for basic functions like page navigation, secure login, and completing forms. Without these, services won’t work correctly.

• Additional cookies: Used for things like understanding how you use the website or remembering settings. These cookies enhance your experience but are not necessary for the core service.

You can control your cookie preferences, but disabling essential cookies may limit your access to some services.

Ensuring Essential and Additional Cookies are Used Responsibly

The government follows strict rules to make sure both essential and additional cookies respect your privacy. Before extra cookies track your behaviour, you’ll be asked for consent. This gives you control over your data.

Essential cookies are always active because they are critical for security and service functions. Government sites clearly separate these from additional cookies, so you know what’s necessary and what is optional.

You can usually manage cookies in your browser or via on-site settings. This approach ensures government services remain accessible, safe, and tailored to your needs without compromising your personal information. For detailed guidance, government websites often provide clear instructions on managing cookies effectively.

Learn more about cookie use and managing settings on government websites.

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