HR FAQs: Statutory Rights

The world of human resources can, at times, feel like a minefield for businesses – no matter how big or small they are. But HR is a fundamental aspect of running a successful business, as it takes care of your most important asset: your people. Many businesses can feel overwhelmed by legislation, regulations and best practice requirements, especially if they don’t have the knowledge and understanding of the basics. However, being informed of employee’s statutory rights is a crucial aspect of HR.

With that in mind, here are the most common HR questions about statutory rights that both employers and employees ask us:

What is statutory sick pay?

If you are too unwell to work you are entitled to receive £88.45 per week in statutory sick pay (SSP) from your employer. This can be paid for up to 28 weeks. Employers cannot pay less than this statutory amount, however some employers have their own sick pay schemes.

To be eligible for SSP you must:

• Have been too unwell to work for at least four consecutive days

• Be classified as an employee

• Earn a minimum of £112 before tax per week

What is statutory maternity pay and leave?

You are entitled to statutory maternity leave if you are classified as an employee. Statutory maternity leave is 52 weeks, which comprises of 26 weeks of ordinary maternity leave followed by 26 weeks of additional maternity leave. You do not legally have to take the full 52 weeks, but you must take two weeks leave after the birth of your baby and the earliest you can start your leave is 11 weeks before the expected week of birth. If you change your mind about your return to work date you must give your employer eight weeks’ notice. A mother’s full employment rights are protected throughout statutory maternity leave.

Statutory maternity pay (SMP) is paid for up to 39 weeks, which includes:

• 90 per cent of average pre-tax weekly wage for the first six weeks

• £139.58 or 90 per cent of your average weekly wage, whichever is lower figure, for the following 33 weeks

• Tax and national insurance deductions.

To be eligible for SMP you must:

• Earn a minimum of £112 before tax per week

• Have worked for your employer continuously for at least 26 weeks until the qualifying week, which is the 15^th week before the expected week of the birth.

What is statutory paternity pay and leave?

The partner of a woman who is having a baby, adopting a baby or having a baby through a surrogate who is classified as an employee can choose to take either one week or two consecutive weeks’ leave. This cannot start before the birth, must finish within 56 days of the birth and must begin on either:

• The date of the birth

• An agreed number of days after the birth

• An agreed number of days after the expected week of childbirth.

Employees eligible for statutory paternity pay (SPP) receive either £139.58 a week or 90 per cent of their average weekly wage, whichever is the lowest figure. SPP is subject to tax and national insurance deductions. Employees are eligible for SPP if they:

• Are employed up to the date of the birth

• Are on the company’s payroll and earn at least £112 a week.

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