Skilled Worker Visa Maternity Leave and Pregnancy Guidance

Are you on a skilled visa in the UK? If yes, then maternity leave can be challenging for you. It is always good to know your rights and responsibilities. The post break down into important information that you must know for maternity leave.

Overview of Skilled Worker Visa Maternity Leave

If you have a skilled worker visa, you may be eligible to the same maternity leave and benefits as permanent residents of the UK. This involves the option to take up to 52 weeks of paid maternity leave, with the possibility of a further 39 weeks of leave based on your average weekly earnings before the leave begins. This parity protects your employment rights, so you can take the necessary time off without fear of losing your job.

Statutory Maternity Pay ( SMP ) is paid for up to 39 weeks. You get: 90% of your average weekly earnings (before tax) for the first 6 weeks. £184.03 or 90% of your average weekly earnings (whichever is lower) for the next 33 weeks.

 

Notifying your workplace of your pregnancy as soon as possible is crucial. Not only does providing advance warning to your employer ease their workload, but it also ensures that they will do a risk assessment and establish a secure work environment for you.

Maternity leave is adaptable to your needs. You may choose to take it all at once in one sitting or over the course of two sittings. The first block should start no later than two weeks before the expected week of childbirth, but the second block should start within 11 weeks before the actual labor week. You can take use of paid time off for prenatal care appointments, which allows you to attend necessary medical check-ups without jeopardizing your maternity leave.

Following your maternity leave, you have the right to resume your employment. Your employer has to give you back your previous position. In the event that this isn’t feasible, they must provide a suitable replacement position with equivalent salary and benefits.

Skilled Worker Absence Entitlements

You have several job privileges as a holder of a skilled worker visa, such as paid sick leave, shared parental leave, maternity leave, and paternity leave. These benefits guarantee that, while preserving your immigration status in the UK, you will receive the assistance you need at important life events.

Sick Leave

You are eligible to paid sick leave if you meet certain requirements. You have to work for the company that sponsored your visa for a minimum of two weeks, be hired by them, and make at least the National Living Wage or National Minimum Wage. You are entitled to at least the required amount of sick pay, even if some employers might provide more generous benefits. STATUTORY SICK PAY

Maternity Leave

Maternity leave remuneration is contingent upon fulfilling certain requirements. You must be employed by your visa sponsoring company, have been for at least 26 weeks, and make at least £123 per week on average.

Paternity Leave

You must be employed by your visa sponsor employer, have worked for them for a minimum of 26 weeks, and your partner must be adopting or giving birth to a child in order to qualify for statutory paternity leave (SPL) and pay (SPP). A maximum of two weeks of leave are permitted under SPL, during which SPP is offered as a taxable benefit.

Shared Parental Leave

Shared parental leave provides even more options. You must be the child’s biological or adoptive parent and have worked for your sponsor employer for at least 26 weeks in order to be eligible. You can split the 52 weeks of leave between you and your spouse according to your needs by taking SPL flexibly or in blocks.

Skilled Worker Visa Renewals While On Maternity Leave

You should not be concerned if your skilled worker visa is up for renewal while you are on maternity leave. The Home Office is aware that there can be valid explanations, including maternity leave, for your absence from employment at the time of your application for renewal. If you fulfill the following requirements, you will still be given consideration for renewal:

• Remain committed to becoming a skilled worker in the UK.
• Fulfill the wage prerequisites for the skilled worker visa pathway.
• Obtain the backing of your sponsor.

You should present proof of your continuing employment offer or your plan to resume your old position following the expiration of your absence in order to facilitate a smooth renewal process. A copy of your original Certificate of Sponsorship (CoS), a letter from your employer confirming your continued employment and the anticipated date of your return to work, and a letter stating your intention to return to work as a Skilled Worker in the UK could be included in this.

Should Sponsors Make Changes to the Certificate of Sponsorship?

Sponsored visa holders must make sure that any changes to their job status are reflected in their Certificate of Sponsorship (CoS) before taking maternity leave. During your maternity leave, if your planned remuneration changes, your employer or sponsor is required to update the CoS to reflect the updated information.

Your sponsor needs to submit a Change of Circumstances form to UK Visas and Immigration so they are aware of your maternity leave. They will also require documentation, like a medical certificate, attesting to your maternity leave. You are capable of handling maternity leave with assurance and making sure your visa status is maintained throughout this crucial period of your life.

For further advice please get in touch with our team today by calling 020 8538 0182 or +44 7857 809932, or you can email us on [email protected].

Please note these blogs are to enhance your knowledge and are not tailored advice, for specific advice please get in touch with our outstanding team.