Every pregnant employee – regardless of length of service, amount of weekly earnings, or the number of jobs you are employed to do – is entitled to 52 weeks' maternity leave. Leave is not ‘pro-rated’ between two or more employers and, indeed, need not begin at the same time.
To receive statutory maternity pay (SMP), you must satisfy the eligibility conditions: you must have 26 weeks’ service by the 15th week before the EWC, and your average weekly earnings (AWE) must be at or above the Lower Earnings Limit (LEL) for National Insurance contributions purposes (£116 from April 2018). You must also have given notice of your pregnancy (using a MAT B1 form) and given each employer 28 days’ notice of the date you plan to start your maternity leave.
If you meet the above conditions, the two employers must each pay Statutory Maternity Pay (SMP) for the first six weeks, calculated at a weekly rate equal to 90% of your average weekly earnings and, for the remaining 33 weeks, must pay the lower of the following:
- £145.18 per week (from April 2018); or
- 90% of your average weekly earnings.
A woman who is not entitled to SMP may be able to claim Maternity Allowance, but it is not possible to claim two amounts of Maternity Allowance (one for each job) or a combination of SMP and Maternity Allowance.
If you have more than one job, you need to ask the other employer what other evidence they would accept to confirm the date the baby is due apart from the Form MATB1, as more than one maternity certificate cannot be issued showing the same expected date.
For example, the first employer can be asked to photocopy the Form, keep it and note on it that they have seen the original. The original can then be given back to her to pass to the second employer.