0800 158 2313Speak to an expert 24/7
Are your zero hour contract workers entitled to maternity pay? Employers, and workers, can read this expert guide to find out what the current UK payment rights are.

There’s a lot of confusion surrounding zero hour contracts. But if you want to employ casual workers, you need to know what their rights are, including whether or not they’re entitled to maternity pay.

In this guide, we explain:

  • The definition of a zero hour contract.

  • Whether zero hour contract workers qualify for maternity pay.

  • What your workers can do if they don’t qualify.

What is a zero hour contract?

A zero hour contract is a contract that says your staff only have to work when you make work available to them.

There’s no contractual guarantee that work will be available, and you can choose not to give work to certain workers even if it is. Likewise, they can choose not to accept the work.

What rights do zero hour contract workers have?

Zero hour contract workers are entitled to statutory annual leave and the National Minimum Wage, just like part-time and full-time workers.

Are zero hour contract workers entitled to maternity pay?

Many employers believe their staff aren’t entitled to statutory maternity pay if they’re on zero hour contracts.

And while casual workers’ rights are more limited than full and part-time employees, there are times when you’ll need to give maternity pay to zero hour contract workers.

If you pay your zero hour contract workers through PAYE and deduct any tax or national insurance from their wages, they qualify for statutory maternity pay (SMP) if they meet the same criteria that full-time employees have to meet as well:

  • You’ve employed them for at least 26 weeks by the end of the 15th week before their expected week of childbirth.

  • You still employee them in the 15th week before their expected week of childbirth.

  • You pay them at least £120 (before tax) per week, on average, in the eight weeks (if you pay them weekly) or two months (if you pay them monthly) up to the last payday before the end of the 15th week before their baby is due.

Maternity allowance for zero hour contract workers

Even if your workers don’t qualify for statutory maternity pay, they may qualify for maternity allowance (MA) if:

  • They changed jobs during their pregnancy.

  • Had breaks in their employment.

  • Don’t earn enough to get SMP.

We're here to help

If you have any questions about zero hour contract maternity pay, contact our HR consultants on 0800 028 2420.

Brainbox AI Logo

Created by experts, powered byAI Icon

HR and H&S advice to the next level!

Our enhancedBrainbox AI LogoAI solution...

How to Calculate Maternity Pay on Zero Hour Contracts

A pregnant person.
  • Pay & Benefits

Please Note: This content is accurate on the date of publishing

FAQs

Got a question? Check whether we’ve already answered it for you…

Related guides

  • gender pay gap reporting

    Guide

    Pay inequality has been a prominent, ongoing issue in the UK economy for years. Not only through gender, but the government has recently found disparities within ethnic and disability demographics.

    Peninsula Logo
    Peninsula GroupHR and Health & Safety Experts
    • Pay & Benefits
  • What is Agricultural Minimum Wage?

    Guide

    With the recent update to employment rights, the farming industry is set to embrace statutory changes – like to Agricultural Minimum Wage.

    Peninsula Logo
    Peninsula GroupHR and Health & Safety Experts
    • Pay & Benefits
  • What does Pro Rata mean?

    Guide

    When it comes to paying staff, employers must ensure the right amounts are given – especially for those not on full-time contracts. Pro rata ensures these employees are compensated correctly; and that includes wages, holidays, and benefits.

    Peninsula Logo
    Peninsula GroupHR and Health & Safety Experts
    • Pay & Benefits
Back to resource hub
Brainbox AI Logo

Created by experts, powered byAI Icon

HR and H&S advice to the next level!

Our enhancedBrainbox AI LogoAI solution...

Sign up to our newsletter

Get the latest news & tips that matter most to your business in our monthly newsletter.