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| Statutory Pay Issues |
Statutory Maternity Pay
 All pregnant employees, regardless of length of service or the hours they work, are entitled to paid off time for antenatal care, normal sick pay rights for pregnancy-related sickness and 26 weeks' Ordinary Maternity Leave (OML) followed by 26 weeks' Additional Maternity Leave (AML). The current payment figures are as follows: 90% of average weekly pay for the first 6 weeks and then the following 33 weeks are paid at 90% of average weekly pay to a maximum of £117.18. To qualify for these payments, the employee must be earning an average weekly pay of £87 (for babies due before 19 July 2008) or £90 per week (for babies due between 20 July 2008 and 19 July 2009).
It is worth noting that employers can recover 92% of these payments. This figure rises to 104.5% (to cover payments and other costs) if your total National Insurance payments are less than £45,000 per year. To help you work out any SMP you have to pay your employee, and how much you can recover visit the HM Revenue and Customs website.
Statutory Paternity Pay
Fathers who have more than 26 weeks service by the 15th week before Expected Week of Childbirth are entitled to 2 weeks' paternity leave at, or around, the date the child is born. This leave is also extended to an employee if he is not the father, but is the mother's partner and will have responsibility for the child's upbringing. Employees must earn enough to pay National Insurance to qualify for SPP, which is payable at 90% of the average weekly pay (to a max of £117.18). It is worth noting that employers can recover 92% of these payments. This figure rises to 104.5% (to cover payments and other costs) if your total National Insurance payments are less than £45,000 per year. Please visit The Department for Business Enterprise and Regulatory Reform's website for further information.
Statutory Adoption Pay
 Employees who are newly matched with a child for adoption, and who have 26 weeks' service or more are entitled to 52 weeks’ adoption leave. This is made up of 26 weeks’ ordinary adoption leave (OAL) and 26 weeks’ additional adoption leave (AAL). Employees who are adopting who meet qualifying conditions based on their length of service and average earnings are entitled to 39 weeks’ Statutory Adoption Pay (SAP), which is paid by their employers and mostly or completely refunded by the Government. The current payment figures are as follows: 90% of average weekly pay for the first 6 weeks and then the following 33 weeks are paid at 90% of average weekly pay to a maximum of £117.18.
Please visit The Department for Business Enterprise and Regulatory Reform's website for further information.
Statutory Sick Pay
 SSP is an earnings replacement for employees who are off work through illness. In any one period of incapacity, SSP is payable to an employee for a maximum of 28 weeks, although you don't have to pay SSP if you pay wages or contractual sick pay instead. The standard rate for SSP is £75.40 per week. Employees need average weekly earnings of £90 to qualify. The rules of SSP are complex, so do visit the HM Revenue and Customs website for further information.
National Minimum Wage
Most workers in the UK (except the Channel Islands and the Isle of Man) are entitled to receive the National Minimum Wage, provided that they are not self-employed. There are different rates for the three ages groups: Over 21's - £5.52 per hour, 18 to 21's - £4.60 per hour and 16 to 17's - £3.40 per hour. Again, for further information, please visit HM Customs and Excise website. |
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