Maternity leave can be a wonderful time for new parents. It can also be financially straining for some families. This guide explores the legalities of working another job while on maternity leave and how it will affect your maternity pay.
Sometimes maternity leave can be financially stressful and many women are tempted to pick up a second job. This might be in employment or registering as a self employed business.
Maternity pay entitlements have strict criteria so it is essential to know your rights and understand the legalities.
Maternity Pay Entitlements
The rules on maternity pay entitlements can be a little complex. For this reason, we have broken it down into easily digestible pieces of information.
Statutory Maternity Pay
SMP is paid for a total of 39 weeks and this is delivered directly from your employer in the usual way.
- For the first 6 weeks, you receive 90% of your average weekly earnings before tax.
- Then it is £156.66 for the following 33 weeks or 90% of your earnings (whichever is the lowest).
- Tax and NI will be deducted from SMP.
- This begins once you start your maternity leave.
Maternity Allowance
Those who aren’t eligible for SMP may be able to apply for Maternity Allowance instead. This too is paid for up to 39 weeks. You need to meet the criteria first.
You may be eligible if:
- You are not able to receive SMP but are employed.
- You are in self-employment.
- You have stopped working recently.
- You do some unpaid work for your spouse or civil partner.
Can You Work For Another Employer on Maternity Leave?
You are not allowed to work for another employer while you are on maternity leave and receiving maternity pay.
This is the case for SMP and Maternity Allowance.
There are some exceptions to this but generally speaking, your SMP or allowance will end once you start working. This is also the case if you start with a new employer once the baby is born.
When Can You Work on Maternity Leave?
There are some exceptions which mean you can work while on maternity leave.
These exceptions are very specific and the only reasons you can work and be on maternity leave. In all other scenarios, you cannot be doing both at the same time and your payments will end.
If you are self-employed, have been given keeping in touch days or work two jobs, of which you receive maternity pay, then you are within these exceptions.
Keeping in Touch Days
Some employers offer a scheme called keeping in touch days while employees are off on maternity leave.
You and your employer can agree on these between you but they cannot be more than 10 days in total. You are free to work up to 10 keeping in touch days before your maternity pay is affected. This is the case for both SMP and maternity allowance.
It counts as 1 day whether you work 2 hours or 8 hours – that is still 1 of your keeping in touch days used. These days are not legally required and this works both ways. You cannot force your boss to let you work with them and, equally, they cannot insist you do.
The only time you cannot take part in this keeping in touch scheme is the immediate two weeks after your baby is born.
If You Work Two Jobs & Are On Maternity Leave From Both
If you work more than one job and qualify for either SMP or maternity allowance, then you might be able to take maternity leave at different times.
When you work two jobs and are entitled to maternity pay, then this is calculated separately per job. Essentially, this means you can take maternity at different times for each job.
Self Employed
You can be on maternity leave while maintaining your self employed work without losing your maternity pay.
This means if you have a side hustle, you can continue on maternity leave. It is important, however, to check the terms of your contract of employment. Some employers may have a clause for this, which means you can’t work a second job.
Be warned though this doesn’t mean you can move onto a self employed basis with your employer. This will not be accepted as a genuine reason for self employment.
Further Reading: How to make money on maternity leave. Check out our guide to ways to enhance your income without affecting your maternity pay!
FAQs
You can have up to 10 days of keeping in touch days while you are on maternity leave. This is perfectly legal as long as it is in your contract and agreed upon by both parties.
You can be self employed on maternity leave and this includes doing freelance work. So you can continue this while on leave without maternity pay being affected.
I work full time at a medical software company but also work bank shifts for the NHS. I will receive SMP from my full time job but I will not receive anything from my other job. Can I still work the occasional shift for the NHS without it affecting my SMP?