Maternity leave and other benefits and payments

If you have a job, you’ve probably already been thinking about what to do after your baby is born. You may want to return to work as soon as you can, you may want to go part-time or you may want to take a longer break from paid employment.

Maternity leave

All mothers who are employees are entitled to take Ordinary Maternity Leave (OML) and Additional Maternity Leave (AML). Statutory Maternity Pay is currently 39 weeks from when the woman goes on OML. As a pregnant employee you are entitled to take up to one year’s (52 weeks’) maternity leave. This is made up of 26 weeks’ OML – during which your contract of employment continues – and 26 weeks’ AML – during which your contract of employment continues, but only certain terms of that contract apply. You and your employer may agree between yourselves for other terms to continue, but this is not required by law. There cannot be a gap between OML and AML.

You must tell your employer you intend to take maternity leave by the end of the 15th week before your expected week of delivery (EWD), unless this is not possible.

You can change your mind about when you want to start your leave providing you tell your employer at least 28 days in advance (unless this is not practical). Your employer must respond to notification of your leave plans within 28 days unless you have varied that date, in which case your employer must respond within 28 days of the start of maternity leave.

Your job is protected. It’s against the law for your employer to dismiss you or make you redundant for any reason connected with your pregnancy, the birth or maternity leave. This is the case even if you are part-time, and it doesn’t depend on how long you’ve worked for the employer.

Check your contract of employment or with your human resources department or trade union representative to find out what you’re entitled to. Some employers offer better and more flexible maternity rights than those given by law.

Benefits payments

Working out the money that is due to you during and after pregnancy is quite complicated and things can change. For up-to-date advice check with your employer, your trade union or your local Citizens Advice Bureau. Visit the Citizens Advice Scotland website for more information.

Statutory maternity pay

Your employer must pay you Statutory Maternity Pay (SMP) if you qualify (to see if you do, check the website referenced below). You’ll receive 90% of your average earnings for the first six weeks and then a flat rate for the rest of the time (unless the 90% rate is less than the flat rate in which case you’ll get this for the whole time). This flat rate varies so it’s best to check it for yourself. Tax and National Insurance are payable on SMP. Visit the Department for Work and Pensions website for up-to-date information.

To qualify for SMP you will need to have worked for your employer for 26 weeks by the 15th week before your baby is due and earn over the National Insurance lower earnings limit.

Maternity allowance

If you do not qualify for SMP, for instance because your earnings are too low or you are self-employed, you can claim maternity allowance from the Benefits Agency. Maternity allowance will be paid at the flat rate of £100 per week (or 90% of average weekly earnings if this is less) for 26 weeks. To claim you will need form MA1 from the Benefits Agency.

Parental leave

Both parents have the right to take up to 13 weeks’ unpaid parental leave per parent per child (18 weeks if the child is entitled to Disability Living Allowance). You must have worked for your employer for one year by the date you wish to take it. You can take parental leave after maternity or paternity leave, providing you give 21 days’ notice and the child is aged up to five years (or 18 days’ notice if the child is disabled).

Paternity leave

Two weeks’ paid paternity leave is now on offer for fathers. Statutory paternity pay (SPP) will be paid at a flat rate per week (or 90% of average weekly earnings if this is less) for two weeks. The rate of SPP is revised every April. Check with your Inland Revenue office for the current rate. Paternity leave can be taken from the date of the birth or up to eight weeks from the birth. To qualify for SPP, the father will need to have worked for his employer for 26 weeks by the 26th week of pregnancy and earn more than the lower earnings limit. He must also give his employer notice of the date on which he wants to start paternity leave by the 26th week of the pregnancy.

Child benefit

This is payable from the date the baby is born. It comes from the Benefits Agency. This is a regular payment made to anyone raising a child, it is not affected by income or savings and most people with a child qualify for it. It can be paid directly into your bank or savings account or through a Post Office or National Savings account that accepts Direct Payment. There is a form for child benefit in the bounty pack handed out by the hospital after your child is born. The form is also available online, visit the HM Revenue and Customs website or phone 0845 302 1444.

Sure Start maternity grant

This is a lump sum grant for expectant mothers on income support, income-based job seekers allowance, parent credit or child tax credit. You do not have to pay back any of this money. To qualify, you must send in a certificate signed by an approved health professional confirming that you are under their care or have asked their advice because of having a baby. Claim your grant using form SF100 Sure Start which you can get from your local Jobcentre Plus office. You can claim at any time from the 29th week of pregnancy until your child is three months old. For more information visit the Sure Start website or the Jobcentre Plus website.

Child trust fund

Every child receives money from the government. This money is for a child trust fund account – funds that are intended to build up and be cashed in when the child reaches 18. They cannot be touched until then. Family and friends can pay in up to £1,200 each year to boost the fund. All income and capital growth will be free from tax and the government makes another payment when your child is seven years old. For more information see the Child Trust Fund website.

Childcare vouchers

From April 2005, your employer has been allowed to give pay in the form of vouchers for child care. No tax or national insurance will be taken off the first £55 a week or £243 per month of this allowance. See HM Revenue & Customs website for more details.

Healthy Start

You will qualify for Healthy Start if you are pregnant and you or your family receive income support, income-based Jobseeker’s Allowance or Child Tax Credit (but not Working Tax Credit) with an income below £14,495 a year. All pregnant women under the age of 18 also qualify, whether or not they are on benefits. Once accepted onto the scheme, pregnant women and families receive a set of vouchers through the post every four weeks. These vouchers can be exchanged for any combination of milk, fresh fruit, fresh vegetables and infant formula milk in registered shops. For more information visit the Healthy Start website or call the Healthy Start helpline on 0845 607 6823.

Single parents

One Parent Families Scotland run a telephone helpline for single parents and pregnant women which, among other things, gives advice and support on benefits, call 0808 801 0323.

Tax Credits

You may also be eligible for Child Tax and Working Tax Credit. Child Tax Credit is a payment created to support families or individuals with at least one child or young person who they are responsible for. For more information please visit the HM Revenue & Customs website or call 0845 300 3900

Free dental care and free prescriptions

You are entitled to free prescriptions and free NHS dental treatment during your pregnancy and for the first year after giving birth.