They are a matter for agreement between you and your employer and your employer does not have to offer them. My maternity pay has come to an end now, what happens if I work more than ten KIT days? As set out below, you still need to agree the rate of pay for any days worked, whether that is during your paid leave or your unpaid maternity leave period. Once you have completed ten KIT days, you will need to agree with your employer that you can continue on maternity leave until the end of the 52 week period.
Yes, you could work part-time e. Using KIT or SPLIT days to achieve part-time work for a period may help you and your employer see how well it works and it may strengthen your arguments when making a request to work part-time.
If you want to work part-time permanently after the end of your leave, you should make a request for flexible work. See Child-friendly working hours for more information. If possible, apply for flexible work at least three months before your return to work to allow your employer enough time to consider your application.
My employer has asked me to do some work that is different from my normal work — could it affect my right to return to my old job? If you are going to be doing a large amount of work during your maternity, adoption or shared parental leave and it is different from your normal job you should make sure that you will still have the right to return to your old job.
If you are unsure you should ask your employer to confirm in writing that any work done during your leave will not affect your right to return to your old job. If you are not offered your old job back and you do not think your employer had a good reason you should seek advice, for more information see Discrimination during maternity leave and on return to work. Maternity leave lasts for up to 52 weeks.
Regulation 12A. The same provisions apply to shared parental leave in the Shared Parental Leave Regulations , regulation Unfortunately the regulations do not state what an employee should be paid for working a KITSPLIT day but employers are expected to pay your normal rate of pay.
For more on Maternity Allowance see the section below. If you are paying for childcare and travel costs you should let your employer know in advance so that your employer can take that into consideration.
Is that right? No, you are entitled to be paid for any KIT or SPLIT days worked in the same way and at the same time as other employees so this will usually be in the payroll following the week or month in which you do some work. If you have not been paid at the correct time, you should speak to your employer, HR or payroll manager as there may have been a misunderstanding.
However, your employer must still pay any sums that are owed to you during your maternity, adoption or shared parental leave, especially if you have worked during your leave. You must also be paid any holiday pay, commission payments and any other sums owed during your leave period. Many employers pay contractual maternity, adoption or shared parental pay during the leave period so there is no rule that prevents an employer from paying you additional sums during your leave.
You should ask your employer to confirm what you will be paid and when you will be paid in writing. Regulation 9A. In a case where a woman does any work under a contract of service with her employer on any day but for not more than 10 days whether consecutive or not , during her maternity pay period, statutory maternity pay shall continue to be payable to the employee by the employer.
Section 4 Where for any purposes of this Part of this Act or of regulations it is necessary to calculate the daily rate of statutory maternity pay, the amount payable by way of statutory maternity pay for any day shall be taken as one seventh of the weekly rate. The same provisions apply to shared parental pay in the Statutory Shared Parental Pay Regulations , regulation 12 and However, you are still entitled to any contractual pay that has been agreed for your KIT days.
If you have more than one job, your KIT days apply to each job separately. If you have used up your ten KIT days and you are entitled to shared parental leave and pay, you could give notice to end your maternity leave and go onto shared parental leave so that you can take up to 20 SPLIT days. For more information on shared parental leave and ShPP, see Shared parental leave and pay.
I have two jobs but I only get SMP from my main job, what happens if I do some work for my other employer? The rules on working during your SMP period if you have more than one job are complex.
For more information, see: Rights for parents with more than one job. The ten KIT days will include any employed or self-employed work you do, including working for different employers. If you work for more than ten days you can be disqualified from receiving Maternity Allowance for a reasonable period.
To prove your earnings, they will ask you for 13 original payslips if paid weekly or 4 payslips if paid monthly. You can pay Class 2 NICs early and on a voluntary basis in order to get the the flat rate. You can add earnings from different jobs, and from employment and self-employment, together in order to qualify for the flat rate.
An easy and quick way to find out what MA you are entitled to is to use the Government Calculator , or you can read our article on Calculating maternity pay. You will need to provide a certificate from your midwife giving the expected date of birth of your child a form MAT B1 and other supporting evidence.
If you are or have recently been employed but that your employer or ex-employer has decided you are not entitled to SMP, it should give you form SMP1 explaining why and you should send it to the DWP to support your claim. The earliest you claim will be accepted is the 15th week before your baby is due around week 26 of your pregnancy. Payments can start up to 11 weeks before the baby is due, and you can choose when your leave and pay should start.
Do not wait for too long to claim MA. You may be able to backdate your claim for up to 3 months under certain conditions but you risk losing out if you are late. Below are some of the most common questions we get on our helpline about Maternity Allowance MA. If you own a limited company and pay yourself a salary through PAYE from the company, you should qualify for Statutory Maternity Pay SMP as an employee, provided you meet the usual test.
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