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Maternity Pay during furlough leave

Moira
  • Member
  • Practice Licence
  • 16 posts
  • # 119395

An employee who is on furlough leave had her baby prematurely on 5th Dec 2020 (it was due 9/2/21). The employer has just been given her notice today.

Questions:

1. My understanding that her Maternity Leave / Pay will only start from the day the employer received notice - is this correct and, if so, will it still run for the usual length of time from that date?

2. Will the relevant period for calculating average weekly pay be the 8 weeks prior to the date notice was received, or prior to the birth date?

3. She has been receiving 80% of her normal pay whilst on furlough - should her maternity pay be based on this 80% figure or on her "normal" pay?

Hoping for help on this!!
kjmayes
  • 20 posts
  • # 119396

Hi Moira,

Answers to your questions below...

  1. maternity leave and pay will start the day after the birth
  2. it would be the 8 weeks to the qualifying week (based on your dates this would be 25/10/2020 - 31/10/2020)
  3. calculation should be based on her usual pay

This page will give you some more guidance and how to calculate - https://www.gov.uk/guidance/statutory-maternity-pay-manually-calculate-your-employees-payments 
Moira
  • Member
  • Practice Licence
  • 16 posts
  • # 119401

kjmayes said:

“

Hi Moira,

Answers to your questions below...

  1. maternity leave and pay will start the day after the birth
  2. it would be the 8 weeks to the qualifying week (based on your dates this would be 25/10/2020 - 31/10/2020)
  3. calculation should be based on her usual pay

This page will give you some more guidance and how to calculate - https://www.gov.uk/guidance/statutory-maternity-pay-manually-calculate-your-employees-payments 

”

 Thank you Kevin, that's very helpful.

With reference to point 1, the employer did not receive notice until 4 weeks after the birth, she is paid weekly and has been paid normally for those 4 weeks - do we need to rerun her pay so that she retrospectively receives SMP for that period?
kjmayes
  • 20 posts
  • # 119403

Hi Moira,

 

Yes you will need to go back to the point the SMP should start (day after birth) and recalculate the payroll from there. 

 

Kevin
Moira
  • Member
  • Practice Licence
  • 16 posts
  • # 119412

kjmayes said:

“

Hi Moira,

 

Yes you will need to go back to the point the SMP should start (day after birth) and recalculate the payroll from there. 

 

Kevin

”

 Thanks Kevin. Very helpful.
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