Maternity and Paternity Leave - Your Rights and Pay guide discussion area

Former_MSE_Stephen_B

Hi there, this thread is to discuss our new guide on Maternity and Paternity Leave: Your Rights and Pay.  

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Masomnia

There's no paternity section.

MarionMD

Hello,
I have a question regarding Maternity Allowance when being self-employed.
I am currently contracted by a company abroad, which means that I am registered as self-employed and pay UK tax on my income. I can get 12-14 weeks of maternity leave with this company but since this is contracted work I cannot get any extra paid time off. I would like to look after my child for another few months.
Once the maternity leave from my company is over, can I request a leave of absence from my contract and claim Maternity Allowance? 
Does the fact that I am given maternity leave from my contracted job completely remove any rights to claim any allowance once the leave is over? Technically this is not Maternity Pay because I am self-employed during that time. Obviously I do not want to claim Allowance for the first few months when my company is already giving me money.
Thank you.

Savvy_Sue

If this isn't UK-based Statutory Maternity Pay, then I'm not sure you can't claim Maternity Allowance alongside whatever other income you have - BUT I don't know. I wonder if it's worth contacting someone like Maternity Action? 

ffs1987

Hello,

I have a question about changes to employer policies when on maternity leave. I started my maternity leave on 1.11.20 the maternity policy at the time was 6 weeks at 90% pay followed by SMP. My employer has changed the maternity policy to 26 weeks full basic pay then 13 weeks SMP effective 01.06.2021. Am I entitled to anything?

Savvy_Sue

The employer has increased maternity pay wef 1st June. You are already on maternity leave. IF you were within the first 13 weeks of your maternity leave then it's faintly possible there would be a case for increasing what you were paid, but I can't see any case for backdating it to include someone whose maternity leave started six months before the policy is due to change. 

What makes you think it should be backdated?

EconomyBeans

All going well I'll be going on maternity leave at the end of March next year. Can I ask my employer to reduce my salary this year so that I'm reducing my tax bill this year and ask them to pay it back by increasing my salary in April and May in the new tax year? Given I won't be earning as much next year, this would be more efficient for me.

Andy_L

MarionMD said:

Hello,
I have a question regarding Maternity Allowance when being self-employed.
I am currently contracted by a company abroad, which means that I am registered as self-employed and pay UK tax on my income. I can get 12-14 weeks of maternity leave with this company but since this is contracted work I cannot get any extra paid time off. I would like to look after my child for another few months.
Once the maternity leave from my company is over, can I request a leave of absence from my contract and claim Maternity Allowance? 
Does the fact that I am given maternity leave from my contracted job completely remove any rights to claim any allowance once the leave is over? Technically this is not Maternity Pay because I am self-employed during that time. Obviously I do not want to claim Allowance for the first few months when my company is already giving me money.
Thank you.

https://www.gov.uk/maternity-allowance/what-youll-get#:~:text=You can get between £,before your baby is due.

lincroft1710

Andy_L said:

MarionMD said:

Hello,
I have a question regarding Maternity Allowance when being self-employed.
I am currently contracted by a company abroad, which means that I am registered as self-employed and pay UK tax on my income. I can get 12-14 weeks of maternity leave with this company but since this is contracted work I cannot get any extra paid time off. I would like to look after my child for another few months.
Once the maternity leave from my company is over, can I request a leave of absence from my contract and claim Maternity Allowance? 
Does the fact that I am given maternity leave from my contracted job completely remove any rights to claim any allowance once the leave is over? Technically this is not Maternity Pay because I am self-employed during that time. Obviously I do not want to claim Allowance for the first few months when my company is already giving me money.
Thank you.

https://www.gov.uk/maternity-allowance/what-youll-get#:~:text=You can get between £,before your baby is due.

Andy, the post you replied to is over 3 years old

Savvy_Sue

lincroft1710 said:

Andy, the post you replied to is over 3 years old

TBut this one isn't, and might be better as a new thread: 

EconomyBeans said:

All going well I'll be going on maternity leave at the end of March next year. Can I ask my employer to reduce my salary this year so that I'm reducing my tax bill this year and ask them to pay it back by increasing my salary in April and May in the new tax year? Given I won't be earning as much next year, this would be more efficient for me.

You can ask your employer anything: I'm not sure they have to agree. But you may be under a misapprehension about how this works.

Your Statutory Maternity Pay has to be based on what you earned in a given HISTORIC period, and while you are on maternity leave they are not paying your normal salary at all: they are paying you a mix of SMP and - if you're lucky - COMPANY Maternity Pay. But again, that would be calculated on what you earned before you started your maternity leave. 

So if you reduce your salary, then both your SMP and your CMP would normally be lower.