Can You Work While Receiving Maternity Pay? Your Rights Explained and What You Need to Know

You might be wondering if you can work while receiving maternity pay and what rules apply. You are allowed to work up to 10 days during your maternity leave without it affecting your maternity pay. These are called Keeping in Touch (KIT) days, and using them can help you stay connected with your employer.

It’s important to know that if you work more than 10 days, whether employed or self-employed, you could lose your maternity pay for the extra days worked. Understanding your rights around this can help you make the best decisions for your situation.

Knowing how KIT days work and what is allowed can make returning to work smoother and keep your pay protected. This guide will explain your rights clearly so you know exactly what you can and cannot do while on maternity leave. For detailed guidance, see more about working during maternity leave.

Understanding Maternity Pay and Leave

When you become pregnant, it is important to understand how maternity pay and leave work. Your rights depend on factors like your contract, earnings, and how long you have worked for your employer. This section explains the main types of pay and leave available to you, including eligibility rules and timeframes.

Statutory Maternity Pay Explained

Statutory Maternity Pay (SMP) is paid by your employer for up to 39 weeks. To qualify, you must have worked for the same employer continuously for at least 26 weeks up to the “qualifying week.” The qualifying week is the 15th week before your baby’s due date.

SMP is paid only if your average weekly earnings are at least the lower earnings limit set by the government. For the first 6 weeks, you get 90% of your average weekly earnings. After that, SMP is paid at a fixed rate or 90% of your average weekly earnings, whichever is lower.

Remember, SMP depends on your contract of employment and how long you have been employed. If you work during maternity leave, your SMP can stop. You can read more about statutory maternity pay here.

Maternity Allowance Eligibility

If you don’t qualify for SMP, you may get Maternity Allowance instead. This usually applies if you are self-employed, have recently changed jobs, or your earnings are below the SMP limit.

Maternity Allowance can be paid for up to 39 weeks. The amount depends on your recent earnings. It can be either a flat weekly rate or a percentage of your average weekly earnings, whichever is lower.

To apply, you need proof of your employment or self-employment history. You cannot receive both SMP and Maternity Allowance at the same time. For details on Maternity Allowance eligibility and payments, see more here.

Ordinary and Additional Maternity Leave

You have the right to a total of 52 weeks’ statutory maternity leave. This is split into two parts: 26 weeks of Ordinary Maternity Leave and 26 weeks of Additional Maternity Leave.

During Ordinary Maternity Leave, you can receive SMP or Maternity Allowance. Your employment rights, like pay rises and holiday accrual, still apply during both parts of the leave.

Additional Maternity Leave lets you take more time off but usually without maternity pay. You must tell your employer at least 15 weeks before your baby is due when you want your leave to start.

You are also entitled to return to your job after maternity leave under the same contract. Your rights during this leave are explained in detail here.

Your Right to Work While Receiving Maternity Pay

You can work during your maternity pay period, but there are specific rules about how much you can work and how it affects your pay. These rules differ depending on whether you receive Statutory Maternity Pay (SMP), Maternity Allowance, or if you are self-employed. Understanding these rules helps protect your employment rights and your maternity benefits.

Working During Statutory Maternity Pay Period

If you receive Statutory Maternity Pay, you are allowed to work up to 10 ‘keeping in touch’ (KIT) days during your maternity leave. These days let you work without losing your SMP.

KIT days can include training or work tasks, but they must be agreed on by you and your employer. You cannot be forced to work during these days, and you don’t have the right to insist on working either.

If you work more than 10 days, your SMP might stop. Any work outside of these days can also affect your maternity pay, so make sure you keep track of the days worked.

Rules for Self-Employed Individuals

If you are self-employed, you won’t get SMP because it is paid by an employer. Instead, you may be entitled to Maternity Allowance, which is a benefit paid by the government.

You can carry on working while receiving Maternity Allowance, but the amount you earn may influence how much allowance you get. If you continue trading or doing your self-employed work, you must report this as it could reduce your payment.

Unlike SMP, there are no specific KIT days for self-employed individuals. You have more flexibility but must follow the rules set by the Department for Work and Pensions on how much you can earn while claiming.

Receiving Maternity Allowance and Working

When receiving Maternity Allowance, working is permitted but limited. You should be aware that doing any paid work could impact the allowance you receive because it is based on your earnings.

Maternity Allowance is for those who don’t qualify for SMP, such as self-employed people or employees with low hours. You can work, but reporting all income accurately is vital.

Your maternity rights include continuing to claim the allowance unless your earnings are too high. If you are unsure, you can check the exact limits on working and pay with the government’s Maternity Allowance guidelines. Working too much without reporting might lead to overpayments that you’ll have to repay.

For more details on working rules during maternity pay, visit employee rights when taking maternity and other types of parental leave.

Keeping in Touch Days and Flexible Working

You can stay connected to your job during maternity leave through specific working days and flexible arrangements. These options help you manage your return without losing your maternity pay or rights.

How Keeping in Touch Days Work

During your maternity leave, you are allowed to work up to 10 Keeping in Touch (KIT) days. These days let you do work for your employer without ending your maternity leave or affecting your maternity pay.

Both you and your employer must agree on the nature of work and pay for these KIT days before you start.

KIT days help you stay updated on workplace changes, maintain links with your team, and ease the transition back to work. If you go beyond the 10 KIT days, your maternity leave could end early, and your pay might be affected.

You don’t have to use all 10 days. Using some or none of them won’t affect your rights, and the days are optional for both you and your employer.

You can find more on this from gov.uk’s explanation of employee rights on leave.

Flexible Working Arrangements

You have the right to request flexible working once you return from maternity leave. Flexible working can include part-time hours, adjusted start and finish times, or working from home.

To request this, you must apply in writing to your employer. They must consider the request seriously but can refuse if they have valid business reasons.

Flexible working arrangements can help you balance childcare with your job. It’s a way to stay productive while adapting to changes in your family life.

You should discuss your options well before returning. Employers may agree to trial periods to see if the new arrangement works well for both sides.

Your rights to flexible working are part of your overall employment rights, helping you manage work without losing performance expectations or parental leave benefits. More details are available on Working Families’ guide on working during maternity leave.

Implications of Working on Your Pay and Rights

If you work while receiving maternity pay, there are important effects on your payments and employment rights. Understanding these details helps you avoid losing your maternity benefits or facing contract issues.

Impact on Statutory Maternity Pay

If you work for your current employer during your statutory maternity leave, your Statutory Maternity Pay (SMP) will usually stop immediately. This applies whether you do full-time or part-time work.

Working for a different employer during this period will also end your SMP. The reason is that SMP is paid to support you while you are not working for your main employer.

Your contract of employment remains in place, but the pay linked to maternity leave stops once you start working. You can still return to your job later with full employment rights, but you will not receive SMP during the time you work.

More details on working during maternity leave explain conditions and exceptions to this rule.

Maternity Allowance and Employment Changes

If you are not eligible for SMP, you might receive Maternity Allowance (MA) instead. Working during MA payments can affect your allowance differently.

If you return to work for the same employer, your MA will stop. Starting a new job will also end the allowance. Unlike SMP, MA does not depend on your contract of employment but on your eligibility based on recent work and earnings history.

Because MA is designed for people who do not qualify for SMP, its rules are stricter about working while receiving payment. If you do work, you should report it to the agency paying the allowance to avoid overpayments.

Understanding how working affects both SMP and MA helps you plan your return and protects your maternity pay and rights. You can find further guidance on employment rights during maternity leave at Citizens Advice.

Employment Status and Self-Employed Considerations

Your status as self-employed affects how maternity pay and related benefits work for you. There are specific rules about paying National Insurance and whether you need to apply for exceptions based on your earnings. Understanding these details helps you protect your benefits and avoid unnecessary payments.

Class 2 National Insurance Contributions

If you are self-employed, paying Class 2 National Insurance Contributions (NICs) is important for qualifying for maternity benefits like Maternity Allowance. You usually need to have paid Class 2 NICs for at least 13 weeks in the relevant tax years before your due date.

Class 2 NICs also count towards other benefits, such as Employment and Support Allowance. If you don’t pay these contributions, you risk losing entitlement to certain state benefits.

You pay Class 2 NICs if your profits are above the Small Profits Threshold, which is set each tax year. If your earnings are low, you might not have to pay Class 2 NICs but this could affect your maternity benefits.

Small Earnings Exception Certificate

If your self-employed earnings are below the Small Profits Threshold, you can apply for a Small Earnings Exception Certificate. This certificate lets you skip Class 2 National Insurance payments without losing your benefit rights.

With this certificate, you may still qualify for maternity benefits even if you don’t pay Class 2 NICs regularly. It helps protect your state benefit record while you earn less.

You need to apply for the certificate through HM Revenue & Customs and keep it up to date each year. Without it, you might miss out on maternity pay and other support because your NIC record appears incomplete.

You should check if you qualify for this exception and apply as early as possible to avoid problems when claiming maternity benefits. For more details, see the section on maternity rights for self-employed workers.

Returning to Work After Maternity Leave

When you return to work after maternity leave, there are specific steps you must take to inform your employer. You also have important rights that protect your job and working conditions. Knowing your responsibilities and protections ensures a smooth transition back to work.

Notice Requirements for Returning

You must tell your employer when you plan to come back to work. The usual rule is to give at least eight weeks’ notice before the end of your statutory maternity leave. This helps your employer prepare for your return.

If you want to come back earlier than planned, you must also inform your employer in writing, usually with eight weeks’ notice. Failure to give proper notice could lead to losing your right to return.

If you do not intend to return to work, you should inform your employer by following your normal resignation process. This keeps everything clear and professional.

Protecting Your Employment Rights

You have the right to return to the same job after your maternity leave if your leave was 26 weeks or less. Your pay, benefits, and working conditions must be the same as before you went on leave.

If your maternity leave lasts longer than 26 weeks, your employer can offer you a similar role if the original job is no longer available. This job must be suitable and have the same pay and conditions.

Your contract of employment remains in force during maternity leave. You also have protection against unfair treatment or dismissal because of your maternity leave or parental responsibilities.

More details about these rights are available in the guide on returning to work after maternity leave.

Other Relevant Leave and Pay Schemes

You have different types of leave and pay options linked to having or caring for a child. These include shared parental leave, paternity leave, and adoption pay. Each one has rules about how much time you can take and what pay you might get.

Shared Parental Leave Options

Shared parental leave (SPL) lets you share up to 50 weeks of leave with your partner after your child is born or adopted. You can use this leave in up to three blocks, giving you flexibility to work and care for your child at different times.

To qualify, you need to meet earnings and employment length rules. You and your partner must both share the main responsibility for the child. Statutory shared parental pay (ShPP) is paid during leave if you qualify, usually at a set weekly rate or 90% of your average weekly pay, whichever is lower.

You must give your employer at least 8 weeks’ notice before taking SPL and agree on the pattern of leave. This leave can be taken by either parent but not at the same time.

Paternity Leave and Paternity Pay

Paternity leave is for fathers or partners to take time off soon after a child’s birth or adoption. You can take either 1 or 2 weeks of paternity leave, but not odd days or split weeks.

Statutory paternity pay (SPP) is available if you meet earnings and employment tests. SPP is paid at a fixed weekly rate or 90% of your average weekly pay, whichever is less. To get it, you must inform your employer at least 15 weeks before the baby is due or within 7 days of adoption being confirmed.

You cannot work during paternity leave and still get pay, but you can use up to 10 keeping in touch days if agreed with your employer.

Statutory Adoption Pay Overview

Statutory adoption pay (SAP) helps pay if you adopt a child. You can get up to 39 weeks of SAP, starting from the date your child is placed with you.

To qualify, you need to have worked for your employer for at least 26 weeks by the week you are notified of the adoption. SAP is paid at either the standard weekly rate or 90% of your average weekly earnings.

You must give your employer proof of the adoption and notify them in advance of your leave dates. SAP can be combined with shared parental leave if you choose to share your leave with your partner.

Legal Protections and What To Do If Your Rights Are Breached

You have specific legal protections when working while receiving maternity pay. If these rights are ignored or broken, there are clear steps you should take to address the problem and protect yourself.

Sex Discrimination and Maternity Rights

You are protected against sex discrimination, which includes unfair treatment because of pregnancy or maternity. The Equality Act 2010 makes it unlawful for employers to treat you badly or dismiss you for reasons linked to pregnancy, childbirth, or maternity leave.

This protection covers unfair dismissal, refusal of maternity leave, or not paying your maternity pay properly. It also protects you from being treated differently compared to other employees due to your pregnancy status.

Your employer must follow maternity rights, including allowing paid antenatal appointments and giving you maternity leave and pay. If you believe you are being treated unfairly because you are pregnant or on maternity leave, you can challenge this under these laws.

How to Raise an Issue with Your Employer

If your rights are breached, start by raising the issue with your employer directly. You should put your complaint in writing, clearly explaining the problem and what rights you believe have been violated.

Keep a record of all communications, including emails and meeting notes. This documentation is essential if you need to take the issue further.

If your employer has a formal grievance procedure, follow it carefully. You can also seek advice from organisations that specialise in employment rights or maternity issues. Early dialogue can sometimes resolve problems without legal action.

Taking a Case to Employment Tribunal

If raising your concerns with your employer does not work, you can take your case to an employment tribunal for a legal hearing. Tribunals deal with disputes such as unfair dismissal or discrimination related to maternity.

You must usually bring a claim within three months less one day of the incident. Before going to tribunal, you often need to notify Acas for early conciliation, which aims to settle disputes outside court.

At the tribunal, you can claim compensation for lost pay or unfair treatment. Preparing your evidence carefully and understanding the process can improve your chances of success. Tribunal decisions are legally binding on your employer.

Practical Information and Support

You have the right to maternity pay and leave while protecting your job. It’s important to understand your pay amount, how to handle necessary forms, and where to seek advice if you need help during this time.

Using a Maternity Pay Calculator

A maternity pay calculator helps you work out how much you could receive during your leave. To use one, you’ll need details such as your average weekly earnings, your due date, and how long you plan to take off work.

Many websites offer free calculators that factor in Statutory Maternity Pay (SMP) rules. These tools consider your pay before tax and any changes if you work during maternity leave (up to 10 keeping in touch days).

Using a calculator gives you a clearer idea of your income so you can plan your budget and time off accordingly.

Where to Find Guidance and Help

You can get clear advice on maternity rights from official websites and organisations. GOV.UK covers maternity pay and leave rules, including what happens if you work during leave.

Working Families and Acas offer support on your employment rights, such as how your pay and holiday accrue during maternity leave.

If you face issues like discrimination or need help understanding your rights after miscarriage or antenatal appointments, these organisations provide reliable guidance.

You can also speak to your employer’s HR department or unions for tailored support.

SMP1 Form and Jobcentre Plus

Your employer will give you an SMP1 form when you tell them you’re pregnant. This document confirms your eligibility for maternity pay and is needed if you apply for benefits.

If you’re planning to claim Universal Credit or other benefits while on leave, you’ll often need to show this form to Jobcentre Plus.

You should give your employer your due date as early as possible. This helps them send the correct paperwork and calculate your pay.

In case of a miscarriage after 24 weeks, you still have maternity leave and pay rights, so keep your SMP1 form handy.

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