Can you claim smp self employed

Employees on maternity or adoption leave may work up to 10 KIT days without their leave or pay stopping. KIT days can only take place if both you and your employer want and agree them.

You cannot be made to work during your maternity leave and nor can you insist on working during your maternity leave. A KIT day is a normal calendar day — so, whether you work a full day or just an hour, you will have used up a KIT day. You will need to agree with your employer when you take a KIT day, what type of work you will do and how long your KIT day will be. The rate of pay is a matter for agreement between you and your employer, and would normally be the contractual rate of pay, depending on the work done and what is agreed.

You should agree to payment in advance with your employer. The regulations on KIT days do not say anything about how much an employee should be paid for working a KIT day and therefore the rate of pay is a matter of agreement between you and your employer.

There is no obligation for your employer to pay you anything for KIT days other than SMP or the national minimum wage. To incentive employees to undertake KIT days, many employers will pay employees their normal rate of basic pay on KIT days or give them the equivalent paid time off in lieu to be used when the employee returns from maternity leave.

If you are unhappy with the rate of pay your employer is offering you for any KIT day you are under no obligation to accept it and can decline to work any further KIT days.

Your employer cannot lawfully penalise you for deciding not to accept their payment proposal or declining to work KIT days. It may also affect your entitlement to remain on maternity leave. You should seek advice if you want to do this. If you are on MA, your MA will stop being paid if you work more than 10 days whether for an employer or as self-employed. If your employer sacks you to avoid paying your maternity pay, you'll still get your maternity pay as long as you've worked for them for at least 8 weeks.

You can't get statutory maternity pay if you're a sole trader, but you might be able to claim Maternity Allowance instead. You might be able to get statutory maternity pay if you're self-employed with your own limited company. Your company could pay your statutory maternity pay, then reclaim it from HMRC. You might want to check your other maternity rights as an agency worker.

If you qualify for statutory maternity pay, your agency should pay it even if you're no longer registered with them. You might be able to get the full amount of statutory maternity pay from more than one employer. For each employer you have, the rules are the same as if they were your only employer.

This means you can get statutory maternity pay again if you meet the normal conditions:. Some jobs give you contractual maternity pay as a benefit of working there. What you get depends on your employer, but you should never be worse off than if you just got statutory maternity pay. Check your contract or company maternity policy, or ask your employer whether you get contractual maternity pay.

In this case you might be able to get Maternity Allowance as well. It comes from the government rather than your employer. You can usually get Maternity Allowance if you've been employed or self-employed for 26 weeks in the 66 weeks before your due date. The rules about Maternity Allowance can be complicated. The best ways to check what you can get are to use the calculator on GOV. UK or contact your nearest Citizens Advice for help. Use our benefit calculator to find out what you can claim.

Skip to navigation Skip to content Skip to footer. Registered in sunny Scotland No. What is Statutory Maternity Pay? Full rate Maternity Allowance To be eligible for the full Maternity Allowance as a self-employed person, you need to have paid Class 2 National Insurance for a minimum of 13 of the 66 weeks before your due date. How frequent are Maternity Allowance payments? You can choose to receive your payments in either fortnightly or four-weekly intervals.

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