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Browse frequently asked questions and answers on key HR issues. Navigate by topic or key word search. View latest additions or suggest a question to the XpertHR editorial team.
Where an employee has been absent on maternity leave must she return to work for a particular period of time before qualifying for another period of maternity leave and pay? Where an employee takes annual leave prior to her maternity leave, but gives birth early, will her maternity leave still start after the period of annual leave? Can an employee take a period of paid holiday in between her ordinary maternity leave and additional maternity leave? How does an employer determine an employee's right to statutory maternity pay? Which individuals are excluded from the right to claim statutory maternity pay? Where a pregnant employee has two jobs will she be entitled to statutory maternity pay from each employer? How is statutory maternity pay calculated? What is included in an employee's "normal weekly earnings" for the purposes of calculating statutory maternity pay? Can an employee who does not have average weekly earnings of at least the lower earnings limit for national insurance purposes claim any financial assistance throughout her maternity leave? If a part-time employee temporarily increases her hours for a period prior to her maternity leave, on what basis should her maternity pay be calculated? How is statutory maternity pay calculated when there is a salary-sacrifice arrangement in place? Can an employee who has not been employed by her employer for 26 weeks by the qualifying week claim any financial assistance throughout her maternity leave? Can an employer offer an employee less money for alternative work during her pregnancy where she cannot do her normal job because of the risks involved?
The amount of statutory maternity pay due to an employee during the first six weeks of her maternity leave (the higher rate) is based on 90% of her average weekly earnings during the period of eight weeks that immediately precede the 14th week before her expected week of childbirth. All earnings during this eight-week calculation period must be counted for the purpose of working out entitlement to higher-rate statutory maternity pay, including payments such as travel allowances and car allowances. Furthermore, if a pay rise or payment of an allowance is implemented after the eight-week calculation period, and either backdated to a date during this period or implemented at any time between the end of this period and the end of the employee's maternity leave, it must be taken into account when calculating the higher rate of statutory maternity pay.
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