You cannot salary sacrifice from statutory maternity or paternity pay. in their salary sacrifice sheet, the tax requirements of salary sacrifice schemes. Usually The effect of a salary sacrifice arrangement on is available at: The use of the Salary Sacrifice regime as a tool to save employee Tax and NIC and on maternity leave – .

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Payment of SAP can be made at the daily rate. If hmrx employee did not work during a week because the employer did not have any work to offer her, she will still be eligible for SMP. She works for another employer after the childbirth and during the maternity pay period. Both parents can take leave kk the same time if they so wish.

The employee is notified, before the placement, that it will not now occur. Our interpretation is that it is perfectly legal to have a contractual clause that limits the benefits at times of leave if the agreement is voluntary.

Average Weekly Earnings for this purpose includes any remuneration on which the employer is liable to pay Class 1 NICs. The EWC can then smll identified as the week commencing on the Sunday prior to the date or on the Sunday on which the baby is due, and ending with the following Saturday. Statutory paternity leave can be taken for a period of one week or two weeks.

Salary sacrifice for employers

The average weekly earnings are calculated over the eight weeks that end with the payday in or immediately prior to the qualifying week, or for adoptive parents the week in which the matching certificate was issued. This would increase the SMP payable in the first six weeks of her maternity leave.

Adoption Pay and Leave If an employee adopts a child, he or she is entitled to take statutory adoption skl of up to 52 weeks. How much time do I need to run the scheme?

Employers should review their maternity and adoption policies to make sure that the changes under the regulations are in place in time — broadly, the reference date of 5 October means that employers should update their policies for any employees going on maternity leave now, since maternity leave salaryy usually start on any date from the beginning of the 11 th week before the EWC.

This is sometimes referred to as occupational or contractual maternity pay. Skip to main content. In order to establish the beginning of the qualifying week, count back 15 weeks from the sacrificd of the EWC a Sunday. Salary sacrifice can affect the amount of statutory pay an employee receives. It also looks at maternity, paternity and adoption and shared parental leave.


If the period during which an employee is receiving the standard rate of SMP spans an increase in that rate ie she is receiving SMP in the first Sunday in Aprilthe employee will receive the old rate for pay periods beginning before the rise and the new rate for pay periods beginning on or after the rise. She must have at least 26 weeks’ continuous service regardless of number of hours worked per week by the end of the qualifying week which is the 15th week before the expected week of childbirth EWC.

Salary sacrifice arrangements can allow opting in or out in the event of lifestyle changes like these.

Statutory Maternity, Paternity, Adoption and Shared Parental Pay: In-depth | Croner-i

Companies are associated if one company controls the other, or if both companies are controlled by the same third party. Employers must continue to provide an employee with his or her non-cash benefits throughout the duration of the adoption leave. SMP may be paid for a week or a part of a week, and the MPP can start on any day, eg the day on which the woman has notified her employer that her maternity leave will begin that is not earlier than the beginning of the 11th week before EWC.

SMP cannot be paid over and above salary, so it must be stopped if the employee returns to work before the end of the MPP. If the mother or adopter returns to work early, the remainder of the leave period may be taken as shared parental leave SPL to a maximum of 50 weeks. To help us improve GOV. He was Head of Unit for State Aids from to Certain interruptions of work are not seen as breaking the continuity of employment. Benefit legislation that has been in place for some time does state that all employees that receive benefits, including vouchers, have the right to continue receiving them if they wish whilst on maternity leave, up to a period of 12 months.

Employers may, for example, enhance paternity pay during an employee’s Statutory Paternity Pay SPP period by paying more than their SPP entitlement, eg the employer might offer a full week’s pay. For employees who are paid monthly, the relevant amount can be calculated by multiplying the total of the woman’s two gross monthly payments in the reference period by six and dividing the result by Contractual Paternity Pay Many employers offer their employees enhanced paternity pay.


Employees who are adopting children from abroad must notify their employer within 28 days of receiving official notification of a placement.

Thank you for your feedback. The financial exposure of companies is seen as quite small as most companies do offer existing benefits through leave and absence periods through enhanced benefits packages.

Explore the topic PAYE. Many employers offer their employees enhanced paternity pay.

However, the adoption pay period ends if the employee returns to work before the end of the week period. However, the employer must provide a reason for a refusal to pay ShPP. If the employee decides to change the agreed return date, the employee must give the employer notice of when he or she intends to return to work. See previous section for those applying to local government employees.

Alabaster v Barclays Bank plc No. Many employers offer their female employees enhanced maternity pay.

Benefits maternity leave-changes affecting salary and benefits

Payroll staff and managers need to know what actions to take, and what forms to skl and hand to the employee. A woman must meet certain eligibility criteria in order to qualify for statutory maternity pay SMP. Entitlement for SMP is dependent on the employee having average weekly earnings that are at least equal to the lower earnings limit for National Insurance purposes.

Calculation of Average Weekly Earnings The average weekly earnings are salaty over the eight weeks that end with the payday in, or immediately prior to, the week in which the matching certificate was issued. The adoptive parents can decide which saceifice them takes the adoption leave, the other parent being entitled to statutory paternity leave and pay. Start Date for Adoption Pay The earliest date adoption leave can start is: She must still be employed during but not necessarily until the end of the qualifying week.

If a woman entitled to maternity leave is sick after the end of her leave, normal sick pay arrangements will apply.

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