I’m an agency worker. Do I get paid maternity leave?

As an agency worker, to qualify for SMP you must:

• still be pregnant at the 11th week before the week your baby is due
• have been engaged by the same agency for 26 continuous weeks by the start of the 14th week before the week in which your baby is due (“the qualifying week”) and still be engaged by the agency in the qualifying week.. Even if you haven’t worked for the agency in each of the 26 weeks ending with the qualifying week, you can still get SMP if the reason that you didn’t work is that the agency didn’t  have any work to offer you, or because you were ill or on paid annual leave. 
• have earned at least, or above, the level of the Lower Earnings Limit, currently £102.00 pw (before tax) in the 8 weeks (if weekly paid) or two months (if monthly paid) before the end of the qualifying week
• have notified the agency of your pregnancy and the date on which you expect SMP to start.

The right to SMP starts when you go on leave rather than when you have the baby. For most women this will be just a week or two before their due date. For some it may be earlier. It’s also worth noting that if you’re off sick with a pregnancy-related illness in the 4 weeks before your due date, your maternity leave and SMP will be triggered automatically, regardless of whether you want it to or not.

SMP is paid for 39 weeks; at 90% of your average pay for the first 6 weeks and then at a flat rate for the remaining 33 weeks. From April 2011, the flat rate is £128.73 per week.

If you do not qualify for SMP, you may be able to claim Maternity Allowance from your local Benefit Agency office and you should contact them for further details and an application form.

To qualify for Maternity Allowance you must have worked for 26 weeks during the 66 weeks before the week in which your baby is due.  You must have earned at least £30 per week on average during this time.  Payment of MA is not dependent on National Insurance contributions.

From 1 October 2011, pregnant agency workers and agency workers who are new mothers and who have worked for the same hirer in the same role for a 12 week qualifying period gain two important new rights.  These are:

• The right to reasonable paid time off to attend ante-natal appointments when on assignments.  
• The right to be offered an alternative assignment for pregnancy related reasons or to be suspended on full pay where a suitable alternative assignment is not available.

If you are an employee of the agency, you will be entitled to these rights from day one of any assignment.