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Statutory Maternity Pay is paid to pregnant women by their employer in the same way that wages are paid. It is paid for up to 39 weeks, (the Maternity Pay Period) and is subject to payment of National Insurance Contributions.
Statutory Maternity Pay is paid at 90% of average earnings for the first 6 weeks and the lesser of £123.06 per week or 90% of average earnings for the remaining 33 weeks
Also a women's partner could have the right to 2 weeks paid paternity leave.
To find out more about paid paternity leave check out the Department for Employment and Learning website: www.delni.gov.uk 
A woman must have been:
- Employed by her employer in the 15th week before the week baby is due
- Employed by that employer without a break for at least 26 weeks into the 15th week before the week baby is due
- Earning enough on average (£95 a week for the 2009/10 year) for it to be relevant for National Insurance (NI) purposes. (This amount is lower than the amount when she has to start paying NI contributions and is called the Lower Earnings Limit or LEL)
A woman can choose when to start getting SMP. The earliest SMP can start is from the 11th week before the week baby is due. The latest is from the day following the day baby is born. If the woman stops work before baby is born, SMP will generally start from the following Sunday.
If baby is born before the beginning of the 11th week before the week baby is due, or before the date chosen for SMP to start, SMP will start from the day following the day baby is born.
If the woman is off work sick for a pregnancy related reason in the 4 weeks before the week baby is due, then SMP will start automatically on the day following the first day she is off work for that reason in the 4 week period.
What happens if the woman leaves her employment?
If the woman leaves her employment before the start of the 15th week before the week baby is due she cannot qualify for SMP.
If she is employed by her employer at any time in the 15th week before the week baby is due and she has qualified for SMP, then the employer must pay SMP even if she leaves her job. SMP will begin on the later date of:
- the Sunday after the week in which her employment ends
or
- the Sunday of the 11th week before the baby is due.
Other important informationIf the woman has more than one job, she may be able to get SMP from each employer.
A woman does not have to intend to return to work to get SMP from her employer.
Entitlement to SMP does not effect the woman's right to other maternity payments provided by her employer.
An employer cannot pay SMP for any week in which the woman works for him.
If the woman cannot get SMP but has recently been employed or self-employed, she may be able to get Maternity Allowance.
If the woman has recently come from abroad or returned from abroad and she was working for her employer when abroad, she may still get SMP from her employer.
A woman must tell her employer at least 4 weeks (28 days) before she intends to stop work. When she gets her maternity certificate (form MAT B1) from her doctor or midwife, she should give it to her employer. Any delay may lose Benefit.
She can change her mind when she wants her SMP to start but she must still give her employer at least 28 days notice of her new date.
If baby is born early before she has had an oportunity to tell her employer, she can still get SMP but she must tell her employer of the birth within 28 days.
How much SMP a woman gets is based on her average weekly earnings. The employer will average out the amount of gross earnings paid to her in the 8 weeks running up to and including the 15th week before the week baby is due. This period may vary slightly depending on how she is paid (weekly, monthly or other periods) but generally the weeks used fall around the fourth to sixth months of her pregnancy.
The employer will compare the amount of the woman's average weekly earnings with the Lower Earnings Limit (LEL), which is in force at the end of the 15th week before the week baby is due. The LEL is £95 a week for 2009/10 year. If her average weekly earnings are at least £95 she will get SMP. The LEL increases every tax year.
Rates of Statutory Maternity Pay First 6 weeks of payment: 90% of the woman's weekly earnings.
Remaining weeks: £123.06 per week or 90% of a woman's average weekly earnings if that calculation results in a sum which is less than £123.06 per week.
Statutory Maternity Pay is paid by the employer usually at the same time as the woman's normal wage would be paid.
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