Maternity Pay for Agency Workers & Zero-Hours Contracts: Your Full Rights

Maternity Rights for Agency Workers and Zero-Hours Contracts

If you work through an employment agency or on a zero-hours contract, you do have maternity rights — though the specifics depend on your employment status and earnings. Many women in these roles don't realise they may qualify for Statutory Maternity Pay or Maternity Allowance.

Agency Workers: SMP Eligibility

Agency workers can qualify for SMP if they meet the same criteria as any other employee:

•26 weeks' continuous service with the same agency by the qualifying week (15th week before due date)

•Earnings above the Lower Earnings Limit of £129 per week on average

•The agency is your employer for SMP purposes (which it usually is)

Key point: Continuous service means being employed by the agency, even if you've worked at different placements. A gap between assignments doesn't necessarily break continuity if there's no formal termination of your agency contract.

What If You Don't Qualify for SMP Through Your Agency?

If you don't meet the SMP criteria, you may still qualify for Maternity Allowance. MA has more flexible eligibility rules:

•You need to have worked for at least 26 of the 66 weeks before your due date

•Work for any employer counts — it doesn't need to be continuous with one employer

•You need to have earned at least £30 per week in at least 13 of those weeks

This makes MA particularly suitable for agency workers who move between assignments.

Zero-Hours Contract Workers: Your Rights

Zero-hours contract workers are usually classed as workers or employees depending on their contract terms. Either way, you have maternity rights:

If You're an Employee on a Zero-Hours Contract

You qualify for the same SMP rights as any other employee. The key requirements are:

•26 weeks' continuous employment by the qualifying week

•Average weekly earnings of at least £129 (calculated over the 8-week reference period)

Earnings calculation: If your hours vary, HMRC calculates your average weekly earnings using the 8-week pay period ending with the last normal pay day on or before the Saturday at the end of the qualifying week. This means weeks where you worked fewer hours are still included.

If You're a Worker (Not an Employee)

Workers who aren't employees can't claim SMP, but they can usually claim Maternity Allowance.

How to Calculate Your Maternity Pay

Use our free calculators:

•Maternity Pay Calculator — enter your earnings to see your SMP

•Maternity Allowance Calculator — check your MA entitlement

•SMP vs Maternity Allowance — compare which you qualify for

What If Your Agency Says You Don't Qualify?

If your agency refuses SMP and you believe you're eligible:

1.They must give you a form SMP1 explaining why you don't qualify

2.You can ask HMRC to make a formal decision (call 0300 200 3500)

3.HMRC can direct the agency to pay SMP if you do qualify

4.In the meantime, apply for Maternity Allowance so you're not left without income

Health and Safety for Agency Workers

Regardless of your contract type:

•Your employer must carry out a risk assessment for pregnant workers

•You're entitled to paid time off for antenatal appointments (if you have 12 weeks' service at the placement)

•If your work isn't safe during pregnancy, your employer must offer suitable alternative work or suspend you on full pay

Maternity Leave Rights

Employees on zero-hours contracts are entitled to:

•52 weeks' maternity leave (26 ordinary + 26 additional)

•Protection from unfair dismissal due to pregnancy

•The right to return to the same or similar job

Workers may not have the same leave rights, but they cannot be subjected to a detriment or dismissed for pregnancy-related reasons.

Financial Support If You Don't Qualify for SMP or MA

If you don't qualify for either Statutory Maternity Pay or Maternity Allowance, you may still be entitled to financial support:

•Universal Credit — you can apply if you're on a low income or out of work. Additional payments are available once your baby is born

•Sure Start Maternity Grant — a one-off £500 payment if you're receiving qualifying benefits

•Child Benefit — available to all parents regardless of employment status, worth £27.05/week for your first child

•Healthy Start vouchers — free food vouchers if you're on qualifying benefits and pregnant or have children under 4

•Council Tax Reduction — if your income drops, you may qualify for reduced council tax

See our complete guide on benefits during maternity leave for full details of all the financial support available to you.

Tips for Agency and Zero-Hours Workers

•Keep records of all your assignments, hours, and earnings — you may need these to prove your eligibility

•Check your contract to understand whether you're an employee or worker

•Notify early — tell your agency and any current placement as soon as you're ready

•Don't assume you can't claim — many agency workers qualify for MA even if not SMP

•Get your MATB1 from your midwife at 20 weeks

•Request payslips from every assignment — these prove your earnings history

•Ask about enhanced pay — some agencies offer maternity pay above the statutory minimum, so always check your agency's policy

Related Guides

•MATB1 Form Guide — getting your maternity certificate

•SMP vs Maternity Allowance — compare your options

•Pregnancy Rights at Work — your full legal protections