The following Employment Tax guidance note Produced by Tolley in association with Vince Ashall provides comprehensive and up to date tax information covering:
Absences for reasons of maternity, paternity and adoption usually mean that the employer will have to make some payment to the employee, provided that the employee satisfies the qualifying conditions. These payments tend to be grouped under the heading of ‘statutory payments’.
The statutory basis for statutory maternity pay (SMP) is in SI 1986/1960 and for adoption and paternity pay in the Employment Rights Act 1996. The original legislation has been added to and amended over the years to improve the rights available to employees. For example, the length of paid leave was increased, the concept of ‘keeping in touch days (KIT days)’ were introduced in the Work and Families Act 2006.
A number of acronyms are used for the purposes of these statutory payments, as follows:
The conditions for entitlement to SMP, statutory adoption pay (SAP), statutory paternity pay (SPP) and statutory parental bereavement pay (SPBP) have a number of similarities, eg employees need to satisfy the 26-week continuous employment test and have average weekly earnings (AWE) above the Class 1 NIC lower earnings limit (LEL).
Where an employer operates an occupational scheme offering maternity pay, paternity pay, adoption pay, shared parental pay or parental bereavement pay, the occupational scheme payment can be offset against any statutory payment, and vice versa where the occupational scheme payment is more than the statutory payment.
See Example 1.
A woman who is pregnant is entitled to take up to 52 weeks’ SML. Regardless of the number of weeks’ maternity leave taken, they must be taken in one continuous block. There
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