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Statutory Maternity Pay

Maternity Rights for PAYE Agency Workers

Raeburn advise that you inform both your Raeburn Consultant and the Client you are providing services to of your pregnancy. Although there is no obligation to do so, it is important that you are aware if you do not inform the Client they will be unable to carry out a Health & Safety Risk Assessment and further discharge their obligations.

The Agency Worker Regulations 2010:

There are certain rights which all Agency Workers are entitled to. Under the Agency Workers Regulations 2010 there are also additional rights available to Agency Workers who have completed the 12 week qualifying period, and some of these rights relate to Agency Workers during and after their pregnancy.

To complete the qualifying period the Agency Worker must work in the same role with the same Client for 12 calendar weeks, during one or more assignments.

Health & Safety:

The Health & Safety of all Raeburn’s Agency Workers is of paramount importance to us at all times, and this is particularly the case during an Agency Worker’s pregnancy. If you have any concerns regarding your Health & Safety at work, please contact us immediately.

Raeburn and our client must ensure that new and expectant mothers are safe in the workplace and not exposed to harmful risks. A Risk Assessment will be carried out to ensure there are no workplace risks to you or your unborn child. Risks will vary but may include:
  • lifting or carrying heavy loads; 
  • standing or sitting for long periods; 
  • exposure to toxic substances; or 
  • working long hours. 
Having carried out the Risk Assessment, the Client must take all reasonable steps to avoid any risks identified. Where such risks cannot be avoided (for example due to the nature of the role) then the assignment may be terminated.
 
If your assignment is terminated on Health and Safety grounds, Raeburn will make every effort to look for other, more suitable work for you (i.e. work that does not have the same Health and Safety risks).

Under the Agency Worker Regulations 2010, Raeburn are obliged to look for alternative work for an Agency Worker when an assignment has been terminated on Health & Safety grounds related to pregnancy.

MAT B1 Form:

You are required to provide Raeburn with your MATB1 form as and when you receive it.

Anti-Natal Appointments:

If you have completed the 12 week qualifying period as set out in the Agency Workers Regulations 2010 (working in the same position for the same client for a period of 12 weeks), then you are entitled to take paid time off work to attend anti-natal appointments when advised to do so by a GP or midwife. You will continue to be paid at the usual rate of pay for time taken to travel to the appointment and back if it is during your normal working hours and the appointment itself. If requested, you must be able to produce an appointment card or other documentation confirming all appointments other than the first.

If you have not complete the 12 week qualifying period under the Agency Workers Regulations 2010, you will be entitled to take unpaid time off work to attend anti-natal appointments.

Statutory Maternity Pay:
 
To be eligible for Statutory Maternity Pay (SMP), you must:
  • have been continuously working with the same Company for at least 26 weeks up to the Qualifying Week (QW). The qualifying week is the 15th week prior to the expected due date. 
  • have average weekly earnings in the eight weeks prior to the QW, not less than the National Insurance Contributions Lower Earnings Limit 
  • still be pregnant at the 11th week prior to the Expected Week of Childbirth (EWC), or have given birth by that time 
  • give the Company at least 28 days’ written notice of the date you wish your Statutory Maternity Pay (SMP) to start. 
  • have given the Company medical evidence of the date the baby is due, or where the baby is born early, within 3 weeks of the start of the Maternity Pay Period (MPP) 

Statutory Maternity Rates:

Level of SMP When Payable Amount Payable 
HigherThe first 6 weeks of Maternity Pay Period (MPP)Currently 90% of your average weekly earnings (use the 8 weeks ending with the qualifying week to work out your average earnings.)
LowerFor a further 33 weeksCurrent Statutory rate of £139.58 or 90% of normal weekly earnings if lower.

Level of SMP When Payable Amount Payable Higher The first 6 weeks of the Maternity Pay Period (MPP) Currently 90% of your average weekly earnings (use the 8 weeks ending with the qualifying week to work out your average earnings.) Lower For a further 33 weeks Current Statutory rate of £139.58.18 or 90% of normal weekly earnings if lower.

You may not qualify for Statutory Maternity Pay if you:
  • do not have 26 weeks service in the Qualifying Week. 
  • fail to give the Company at least 28 days’ notice of the date you wish your SMP to start 
  • fail to provide evidence of the Expected Week of Childbirth (EWC) in good time. 
  • are outside the European Economic Area during the first week of your MPP 
  • are held in legal custody at any time during the first week of the MPP
If you are not eligible for Statutory Maternity Pay: 

If you do not qualify for Statutory Maternity Pay (SMP), Raeburn can provide you with an SMP1 form within seven days of the decision being taken, which details the reasons for not paying Statutory Maternity Pay.

You may then be eligible to claim Maternity Allowance from the Department of Work & Pensions (DWP) on completion of form SMP1. Maternity Allowance is not paid through Raeburn, but directly by the local Benefits Agency.

The Maternity Pay Period (MPP) may commence at any time from the 11th week before the Expected Week of Childbirth (EWC) and can continue for up to 39 weeks, if you have been working for 26 weeks by the 15th week before the EWC.

Maternity Leave & Returning to Work:

As you are engaged on a Contract for Services, you are not entitled to Statutory Maternity or Adoption leave as you are not an employee. In practice, an agency worker who is not an employee but wants to take paid maternity or adoption leave will notify the employment business at the appropriate time and will decline any further placements until they want to start work again.

Under the Agency Workers Regulations 2010 you do not have the statutory right to return to the same role with the same client. Raeburn will however do everything possible to find you another suitable assignment when you are ready to return to work.

NB - It would be unlawful to place you on assignment for a minimum period of 2 weeks following the birth of your child, otherwise it is entirely your decision as to when you would be available for work again.

Holiday Pay:

As your assignment will end on the date you stop working, any outstanding accrued annual leave will be paid to you at that point.

If and when you accept future assignments your annual leave would accrue in the normal way as per your current Contract for Services.

Additional Information:

If you require any additional information or assistance please do not hesitate to contact us.

Maternity Information for Umbrella Workers

Raeburn advise that you inform both your Raeburn Consultant and the Client you are providing services to of your pregnancy. Although there is no obligation to do so, it is important that you are aware if you do not inform the Client they will be unable to carry out a Health & Safety Risk Assessment and further discharge their obligations.

Maternity Rights of an Umbrella Worker:

As a Worker providing services through an Umbrella Company, you may qualify for certain maternity rights if you meet the qualifying criteria. Any maternity rights you may be entitled to will be managed by your Umbrella Company.
 
Health & Safety:
 
The Health & Safety of all Raeburn’s Workers is of paramount importance to us at all times, and this is particularly the case during a Worker’s pregnancy. If you have any concerns regarding your Health & Safety at work, please contact us immediately.
 
Risk Assessment:
 
The obligation to manage an individual’s health and safety primarily falls on the employer, which in this case will be the Umbrella Company, therefore the Umbrella Company has primary responsibility to ensure that a risk assessment is carried out. However, Raeburn and our client must also ensure that new and expectant mothers are safe in the workplace and not exposed to harmful risks.
 
A Risk Assessment will be carried out to ensure there are no workplace risks to you or your unborn child. Risks will vary but may include:
  • lifting or carrying heavy loads; 
  • standing or sitting for long periods; 
  • exposure to toxic substances; or 
  • working long hours. 
Having carried out the Risk Assessment, the Client must take all reasonable steps to avoid any risks identified. Where such risks cannot be avoided (for example due to the nature of the role) then the assignment may be terminated.

If your assignment is terminated on Health and Safety grounds, Raeburn will make every effort to look for other, more suitable work for you (i.e. work that does not have the same Health and Safety risks).
 
Under the Agency Worker Regulations 2010, Raeburn are obliged to look for alternative work for an Agency Worker when an assignment has been terminated on Health & Safety grounds related to pregnancy
 
Anti-Natal Appointments:
 
If you have completed the 12 week qualifying period as set out in the Agency Workers Regulations 2010 (working in the same position for the same client for a period of 12 weeks), then you are entitled to take paid time off work to attend anti-natal appointments when advised to do so by a GP or midwife.
 
As stated above, the obligation to manage your maternity rights, including paid time off to attend anti-natal appointments, lies with the Umbrella Company.
 
If you have not complete the 12 week qualifying period under the Agency Workers Regulations 2010, you will be entitled to take unpaid time off work to attend anti-natal appointments.
 
Statutory Maternity Pay (SMP):
 
If you meet the qualifying conditions, you may be entitled to Statutory Maternity Pay. The Umbrella Company will be able to provide you with information regarding the criteria, and also manage the payments if applicable.
 
Additional Information:
 
If you require any additional information or assistance please do not hesitate to contact us.

Maternity Information for Limited Company Contractors

Raeburn advise that you inform both your Raeburn Consultant and the Client your Consultant is providing services to of your Consultant’s pregnancy. Although there is no obligation to do so, it is important that you are aware if you do not inform the Client they will be unable to carry out a Health & Safety Risk Assessment and further discharge their obligations.

Health & Safety:
 
The obligation to manage an individual’s health and safety primarily falls on their employer, which in this case will be the Limited Company. Therefore the Limited Company has primary responsibility to ensure that a risk assessment is carried out. However, the client may also wish to carry out a Risk Assessment of the area where you provide the services.
 
Risks will vary but may include:
  • lifting or carrying heavy loads; 
  • standing or sitting for long periods; 
  • exposure to toxic substances; or 
  • working long hours. 
Having carried out the Risk Assessment, the Client must take all reasonable steps to avoid any risks identified.
 
The Health & Safety of all Raeburn’s Agency Workers and Limited Company Consultants is of paramount importance to us at all times, and this is particularly the case during pregnancy. If you have any concerns regarding your Health & Safety at work, please contact us immediately.  

Additional Information:

If you require any additional information or assistance please do not hesitate to contact us.