Who Pays My Maternity Pay If I Am Made Redundant?

Are you protected from redundancy when on maternity leave?

You can’t be made redundant because you’re pregnant or on maternity leave.

If you are on maternity or parental leave, and there is a genuine reason to make your role redundant, your employer must offer you suitable alternative work if they have it.

They should give you this as a priority over other employees..

Who pays statutory maternity pay employer or government?

When you can get statutory maternity pay This is the type of maternity pay that most people get. Your employer has to pay you this if: you work for your employer in the 15th week before your baby is due and have worked for them for at least 26 weeks before that (you can find your dates by entering your due date below)

What happens to my maternity pay if I am made redundant?

You will not get SMP if you are made redundant and your employment ends before your qualifying week (the 15th week before your baby is due) but you may be able to claim Maternity Allowance. If you are made redundant and your employment ends in or after your qualifying week, you are still entitled to SMP for 39 weeks.

Do I have to pay back my maternity pay if I do not return to work?

You won’t need to pay back statutory maternity pay or Maternity Allowance, even if you don’t return to work.

Can a pregnant woman get laid off?

Under the Pregnancy Discrimination Act, a woman can’t be fired, refused employment, or denied benefits or promotions on the basis of pregnancy or any condition related to it, according to the U.S. Equal Employment Opportunity Commission.

Will I still get maternity pay if I take voluntary redundancy?

If she does decide to take voluntary redundancy, she will be dismissed by reason of redundancy and will receive redundancy payment in the normal way. … It may be unlawful to refuse to pay notice pay during a woman’s paid maternity leave (i.e. the 39 week SMP period) and possibly throughout maternity leave.

How do I claim statutory maternity pay when made redundant?

You must apply to your local HM Revenue and Customs office within six months of the first day on which your SMP was due. You will also have a claim for unfair dismissal and pregnancy discrimination (see below) and a claim for unpaid wages for loss of SMP.

Can your employer make you redundant when pregnant?

In a genuine redundancy situation, and where there is no suitable alternative work available for those on maternity leave, then they can lawfully be made redundant, providing that pregnancy and maternity is not the reason for redundancy, the redundancy is genuine and you have followed the correct redundancy procedures …

Can I still get maternity leave if I get fired?

Employees are eligible for maternity or parental leave if they’ve been employed at least 90 days with the same employer. … Employers can’t discriminate against, lay off or terminate an employee, or require them to resign, because of pregnancy or childbirth.

How long do you get full pay on maternity leave?

How much statutory maternity pay you’ll get. Your statutory maternity pay lasts up to 39 weeks, made up of: 6 weeks getting 90% of your average weekly pay (before tax) 33 weeks getting either £151.20 a week or 90% of your average weekly pay (before tax) – whichever is less.

How much is SMP 2020?

Statutory Maternity Pay ( SMP ) is paid for up to 39 weeks. You get: 90% of your average weekly earnings (before tax) for the first 6 weeks. £151.97or 90% of your average weekly earnings (whichever is lower) for the next 33 weeks.

What is the protected period in pregnancy?

The protection against discrimination lasts for a specific period of time which starts when you become pregnant. This is called the protected period. If you have the right to maternity leave, the protected period ends when your maternity leave ends or when you return to work, if this is earlier.

How much redundancy money will I get?

For each full year you’ve worked for your employer, you get: up to age 22 – half a week’s pay. age 22 to 40 – 1 week’s pay. age 41 and older – 1.5 weeks’ pay.

Can my employer refuse to pay maternity leave?

You can refuse Statutory Maternity Pay ( SMP ) if the employee does not qualify. They may be able to get Maternity Allowance instead. To refuse it, give the employee the SMP1 form within 7 days of your decision.

What can I claim when my maternity pay stops?

Maternity benefitsUniversal Credit.Child Benefit.Child Tax Credit.Working Tax Credit – this can continue for 39 weeks after you go on maternity leave.Income Support – you may get this while you’re not working.

What is the qualifying week for maternity pay?

Statutory Maternity Pay ( SMP ) Employees must: be on your payroll in the ‘qualifying week’ – the 15th week before the expected week of childbirth.

Can I be made redundant whilst on sick leave?

If your employer decides to make you redundant while you are on sick leave, you may qualify to bring a claim for unfair dismissal. Unless your employer can prove there was a genuine redundancy situation and that fair procedures were followed, your dismissal may be found to be unfair.

What should I do if I am made redundant while pregnant?

If you are off work with pregnancy-related illness your employer must still consult you about a redundancy situation. You could be consulted by a telephone call or your employer may visit you at home if you agree. You must be given the same information as other employees.