Maternity Pay & Leave
Do I need to pay Maternity Leave to my nanny, housekeeper or any domestic staff?
A nanny, housekeeper or any staff who works at someone else’s home are considered to be employee, thus they will have all the rights that employees enjoy in the UK. One of the rights an employee has this country is Maternity Pay & Leave.
Maternity Leave is the right to take time off when a woman is having a baby. When you are pregnant, you are entitled to up to one year of maternity leave.
Employments rights that are protected when on maternity leave
All your employment rights are protected while you are on maternity leave. It is important to know that this includes:
- Pay rises
- Accrued holiday
- Return to work
Domestic Private Staff Entitlement Summary for Maternity Leave
- Every pregnant nanny, housekeeper or domestic private staff can get maternity leave.
- The working years won’t be considered to get the right to enjoy maternity leave.
- A nanny, housekeeper or any private domestic helper can take up to fifty-two weeks of maternity leave.
- The employer doesn’t have the right to stop the private domestic staff’s benefits while their employee is on maternity leave.
- The employee needs to inform the employer when they want to return to work within the notice time established in the employment contract.
- If you want to change your return-to-work date, you must give your employer at least 8 weeks notice in writing.
Maternity Leave
The statutory maternity leave in the UK is fifty-two weeks. This is made up of twenty-six weeks of ordinary maternity leave and twenty-six weeks of additional maternity leave.
The nanny, housekeeper or private domestic staff doesn’t have to take the 52 weeks in full, but they must take at least two weeks of leave after the baby is born.
When can I take my maternity leave?
Normally, the earliest a nanny, housekeeper or private domestic staff can take their maternity leave is 11 weeks before the expected week of childbirth; however, there are some exceptions:
- If the baby comes early, leave can begin the day after this occurs.
- If the employee is off work related to a pregnancy illness in the 4 weeks before the week (Sunday to Saturday) that the baby is due.
Maternity Pay
The nanny, housekeeper or private domestic helper will get statutory maternity pay for up to 39 weeks. What will you get?
- 90% of your average weekly earnings (before tax) for the first 6 weeks
- £151.97 or 90% of your average weekly earnings (whichever is lower) for the next 33 weeks
Statutory Maternity Pay is paid in the same way that wages are paid, for example, if you get paid weekly or monthly. Taxes and National Insurance will be deducted too.
When do I start getting my Statutory Maternity Pay?
Normally, you will start getting paid when you start taking your maternity leave. This will start automatically if you are off work for a pregnancy-related illness in the 4 weeks before the week the baby is due.
I have problems with my Statutory Maternity Pay calculations - what do I need to do?
If you think that the calculation of your Statutory Maternity Pay is not correct, the first thing you should do is talk to your employer. If you still disagree with the amount or your employer cannot pay, we recommend that you contact the Statutory Payment Disputes Team.
How do I know if I am eligible for Statutory Maternity Leave?
You need to:
- Be an employer, not a worker
- Give the correct notice to your employer
For Maternity Leave, it doesn’t matter how long you’ve been with your employer, neither how many hours you work or how much you get paid.
How can I qualify for Statutory Maternity Pay?
To qualify for Statutory Maternity Pay you must:
- earn on average of at least £120 a week
- give the correct notice and proof that you’re pregnant
- have worked for your employer continuously for at least 26 weeks continuing into the ‘qualifying week’ – the 15th week before the expected week of childbirth
What can I do if I am not eligible for Statutory Maternity Pay?
First, your employer must give you form SMP1, explaining the reason why you are not eligible for Statutory Maternity Pay within 7 days of making their decision. You can check if you are eligible for Maternity Allowance as a second option.
How can I claim the Statutory Maternity Leave?
You have to inform your employer in no more than 15 weeks about your due date. Your employer has the right to ask you to inform them in wiring. The family needs to give you a written confirmation of your start and end dates within 28 days.
How to claim Statutory Maternity Pay?
The nanny, nanny-housekeeper or private domestic staff member needs to inform the family when they want to start enjoying their Statutory Maternity Leave and when they would like the Statutory Maternity Pay to start. The employee needs to give notice and proof of pregnancy at least in 28 days.
The family then needs to confirm within 28 days how much Statutory Maternity Pay the Nanny will get, and when this will start and finish. If they think you are not eligible, the family must do this with a form SMP1 within 7 days of making the decision.
Proof that you’re pregnant
You need to give your employer proof of the pregnancy to get SMP. You do not need it for maternity leave.
Within 21 days of your SMP start date (or as soon as possible if the baby is born early), give your employer either:
- a letter from your doctor or midwife
- your MATB1 certificate – doctors and midwives will give you this no more than 20 weeks before the due date
You will not get SMP if you do not give your employer proof that the baby is due.
Why Work with Little Ones Payroll?
All the trouble of doing these mandatory requirements would be easy if you put them all in the hands of qualified individuals. Little Ones is just the right company for that as the leader of Nanny Payroll Services for more than 15 years today.
Little Ones UK isn’t just an established and growing childcare and housekeeper provider. This company is led by a team of experts who assist clients in the most extensive way. They offer payroll services even to those that aren’t considered clients, but the full advantage will be experienced when the client registers with us.
Initially, if the family registers as a client of Little Ones, they will get 6 months of free payroll services from your nanny or housekeeper’s start date. This means that the company will be in charge of not only generating payslips, but the entire payroll services. This includes:
- Registering you as an employer
- Setting up a PAYE scheme
- Generating weekly or monthly payslip
- Tracking your nanny’s Insurance contribution and Income Tax, and providing instructions on how to pay these
- Assisting with filing your annual tax return
- Handling the complete record of payroll
- Access to our HR services
- Support for any work-related queries, including maternity and sickness
With Little One’s excellence and commitment, the team pride itself on being able to delicately align a premium, luxury service to those who put their trust in them.
Call today for a free consultation, without compromise. Their specialist consultants will be more than happy to assist you to find amazing private staff. For more information about their services, please feel free to contact our direct line 020 7183 0309 or send an email to payroll@littleoneslondon.co.uk