The rules around maternity pay in the UK, explained
Conservative leadership candidate Kemi Badenoch has sparked a backlash after describing maternity pay as "excessive" in an interview.
The shadow communities secretary appeared to criticise statutory maternity pay in an interview with Times Radio on Sunday, saying the government is doing “too much”.
Her comments prompted criticism from campaigners, while fellow Tory leadership hopeful Robert Jenrick said the party should be “firmly on the side of parents and working mums”.
Badenoch later said she does “believe in maternity pay”, writing on X: “Contrary to what some have said, I clearly said the burden of regulation on businesses had gone too far… of course I believe in maternity pay! Watch the clip for the truth. Back to conference…”
Contrary to what some have said, I clearly said the burden of regulation on businesses had gone too far… of course I believe in maternity pay! Watch the clip for the truth.
Back to conference… pic.twitter.com/kGsOpMCSpu— Kemi Badenoch (@KemiBadenoch) September 29, 2024
As the debate continues, Yahoo News UK looks at the rules around maternity pay and what you are entitled to.
How much is maternity pay?
First introduced in 1987, statutory maternity pay is available to women who are employed and earning an average of at least £123 per week.
It lasts up to 39 weeks. This is made up of six weeks getting 90% of your average weekly pay, then 33 weeks getting either £184.03 a week or 90% of your average weekly pay (before tax) - whichever is less.
Statutory maternity pay is paid in the same way as your wages (for example monthly or weekly) and tax and National Insurance are deducted.
When does maternity pay start and finish?
Your maternity pay starts on the same day as your maternity leave. You can’t get it while you’re still at work or more than 11 weeks before your due date. If you don't get maternity leave your maternity pay starts the day after you have your baby.
According to Citizen's Advice, your maternity pay can start sooner if you get ill in the four weeks before your baby's due.
Statutory maternity pay can last 39 weeks, but it will end sooner if you go back to work before then.
Who is eligible for statutory maternity pay?
To qualify for statutory maternity pay you must:
earn on average at least £123 a week
give the correct notice and proof 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
You cannot get SMP if you go into police custody during your maternity pay period. It will not restart when you’re discharged.
You can still get Statutory Maternity Leave and SMP if your baby: is born early; is stillborn after the start of your 24th week of pregnancy; dies after being born.
What did Kemi Badenoch say about maternity pay?
In an interview with Times Radio on Sunday, Badenoch described statutory maternity pay as “a function of tax”, adding: “Tax comes from people who are working, we’re taking from one group of people and giving to another. This, in my view, is excessive.”
She added: “The exact amount of maternity pay, in my view, is neither here nor there. We need to make sure that we are creating an environment where people can work and people can have more freedom to make their individual decisions.”
Arguing that businesses are closing because “the burden of regulation is too high”, she added: “We need to allow businesses, especially small businesses, to make more of their own decisions.
When it was put to her that the amount of maternity pay is important for people who cannot otherwise afford to have a baby, Badenoch said: “We need to have more personal responsibility. There was a time when there wasn’t any maternity pay and people were having more babies.”
What do campaigners say?
Joeli Brearley, founder of campaign group Pregnant Then Screwed, said it was “absolute nonsense” to suggest businesses are closing because of statutory maternity pay, because they are able to recoup the cost from HMRC.
She told the PA news agency: “Statutory maternity pay is absolutely vital. Most families need two incomes to survive, and so without SMP, women would be forced to return to work almost immediately after giving birth.
“Maternity leave has been proven to substantially decrease infant mortality, whilst improving the mental and physical health of women.
“Conservatives are meant to be the party of family – this statement from Badenoch is yet another example of dog-whistle politics that would actively damage families, businesses and society as a whole.”
