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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She must provide notification of her intended maternity absence in accordance with her employer’s rules and at sqcrifice 28 days before her absence from work is due to begin.

The impact on tax and National Insurance contributions payable for any employee will depend on the pay and non-cash benefits that make up the salary sacrifice arrangement. These rules mirror those applying for SMP purposes. Its aim is to promote opportunity and independence for all. If a woman has two separate jobs, she will be entitled to receive SMP from both employers, provided she meets the qualifying conditions in respect of each employment, particularly the minimum earnings criteria. 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 sacriflce parents the week in which the matching certificate was issued.

However, the adoption pay period ends if the employee returns to work before the end of the week period. If the child is born sactifice the beginning of the EWC, an employee must take his statutory paternity leave for that child within the period from the actual date of the child’s birth up to 56 days after the first day of the EWC. Employees should be made aware of this before entering into a salary sacrifice arrangement.

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

Different notification rules apply where the child is adopted from overseas. How will we be invoiced for the childcare vouchers?

SMP is treated as pay; therefore, tax, NICs and where appropriate pension contributions, etc should be deducted in the sacrifoce way. An employer must keep an SPP record for three years after the end of saalary tax year in which they paid SPP to an employee. If the benefits are significant, this can outweigh any reduction in SMP arising from sacrificed salary.


The average weekly earnings are calculated over the eight weeks that end with the payday in, or immediately prior to, employrrs week in which the matching certificate was issued. MA is payable by the Department for Work and Pensions DWPprovided the woman satisfies the contribution conditions based on her previous employment or self-employment. Where the mother or adopter returns to work before the end of the maternity or adoption smk period, Shared Parental Pay ShPP may be paid for the remainder of the period to a maximum of 37 weeks.

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. The adoption pay period is 39 weeks. No extra SMP is payable for multiple births.

The child is returned to the adoption agency.

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

Calculate a non-cash benefit For any non-cash benefits, you need to work out the value of the benefit. Failure, without good reason, to maintain or produce the required records, or to fraudulently or negligently produce an incorrect record, is a criminal offence.

If you set up a salary sacrifice arrangement with an employee before 6 Aprilyou can continue to calculate the value of the benefit in the same way until April An employee must meet the continuous employment test in order to be eligible for SMP.

There appears to be a section of the legislation that allows for employment contracts to override this, so an employees contract would state that certain benefits would sacrifife voluntarily excluded during leave or absence periods. The amount they sarcifice may be less than the full standard rate, or they may lose the entitlement altogether.

How much time do I need to run the scheme? The simple answer is yes they are. There are some exceptions to this, Employment Income Manual gives more information. You cannot salary sacrifice from statutory maternity or paternity pay. Note that any periods fmployers absence taken in connection with the pregnancy or childbirth should not be counted in determining the period of absence for the purpose of calculating occupational sick pay and any other related benefits.

You can also sacricice childcare vouchers as a salary addition whilst they are on leave. Such pay may be a contractual right or might be offered on a discretionary basis. She must still be pregnant at the 11th week before the EWC or have given birth earlier. Where a baby is due or a child is placed for adoption, subject to the eligibility conditions being met, hhmrc may share leave and pay. If the mother ends her maternity leave after 12 weeks the remaining 40 weeks leave can be taken as SPL.

  EN 13848-5 PDF

Example If the mother ends her maternity leave after 12 weeks the remaining 40 weeks leave can be taken as SPL. Such aggregation will, however, not be salwry if it is eacrifice reasonably practicable for the employer because, for example, earnings under the different contracts are calculated separately.

Thus, if the woman resigns from employment or is dismissed eg for redundancypayment must still be made provided she meets all the qualifying conditions. SMP and Casual Workers Casual workers must meet the same eligibility tests as sqcrifice employees in order to qualify for payment of SMP, including the continuous employment test. 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 This only relates to specific arrangements with an employee, not to your overall fmployers sacrifice policy.

A woman must meet certain eligibility criteria in order to qualify for statutory maternity pay SMP. An employee must give his or her employer written notification of their entitlement to SPL and ShPP, providing details of. They will be paid SSP only. The Child Support Agency offers information on the various child meployers schemes — part of the Department for Work and Pensions.

Explore the topic PAYE. An adoptive parent who is not taking statutory adoption leave is also eligible to paternity pay and leave. She is not employed by her employer during the qualifying week ie the 15th week before the EWC. How do I make staff aware of this new benefit? Shared Parental Leave An employee may be eligible for shared parental leave SPL in respect of a baby due or a child placed for adoption. Salary sacrifice can affect the amount of statutory pay an employee receives.

Your employee needs to agree to this change.