Maternity Leave and FLR (M)

Hello!

I am here to ask a question that has probably been answered somewhere, but I can't seem to get the search function to behave. My current leave to remain expires on Dec 19 so have a little over a month to get all my documents together. My husband and I rely on my income for the application.

I was on maternity leave from November 2019 to June 2020. If I am reading the guidance correctly, I can use my six months of pay prior to going on mat leave to meet the income requirement, correct? I will have only been back on my full salary for 5 months so will need this caveat. I'm a permanent, salaried employee. I will have HR fill out all their requisite paperwork for me like they did last time, but I want to make sure I am including documents (and P60s) spanning the right dates.

Thanks so much.

I was on maternity leave from November 2019 to June 2020. If I am reading the guidance correctly, I can use my six months of pay prior to going on mat leave to meet the income requirement, correct?

Yes, that's correct.

I will have only been back on my full salary for 5 months so will need this caveat. I'm a permanent, salaried employee. I will have HR fill out all their requisite paperwork for me like they did last time, but I want to make sure I am including documents (and P60s) spanning the right dates.

Yes, you will want to include your payslips and bank statements from the 6 months prior to when you went on maternity leave, so that would be April-November 2019 (you will likely need to include 7 months' worth to make sure every single day of the 6 months is covered).

The evidence you need to provide, from the guidance, is:

In respect of statutory or contractual maternity, paternity or adoption pay all of the following, and in the respect of parental leave in the UK only the evidence at paragraph 5(c), must be provided:

• personal bank statements corresponding to the same period(s) as the payslips at paragraph 5(b), showing that the salary has been paid into an account in the name of the person or in the name of the person and their partner jointly

Payslips covering:
• a period of 6 months prior to the date of application or to the commencement of the maternity, paternity or adoption leave
• a period showing the applicant has been employed by their current employer for at least 6 months (and where paragraph 13(b) does not apply)
• or (ii) any period of salaried employment in the period of 12 months prior to the date of application or to the commencement of the maternity, paternity or adoption leave, if the applicant has been employed by their current employer for less than 6 months (or at least 6 months but the person does not rely on paragraph 13(a))

A letter from the employer confirming:
• the length of the person's employment
• the gross annual salary and the period over which it has been paid at this level
• the entitlement to maternity, paternity, parental or adoption leave
• the date of commencement and the end-date of the maternity, paternity, parental or adoption leave

In addition to the evidence listed above, P60(s) for the relevant period(s) of employment (if issued) and a signed contract(s) of employment may also be submitted in respect of paid employment in the UK. If they are not submitted, the decision-maker may grant the application if otherwise satisfied that the requirements of Appendix FM-SE relating to that employment are met, or they may ask for the documents to be submitted in accordance with paragraph D of the Appendix.