How to Handle Sick Pay and Maternity Pay for Your Nanny
Employing a nanny makes family life easier – but it also makes you an employer in the eyes of UK law. That means you’re responsible for things like sick pay and maternity pay, just as any other employer would be.
The good news? Once you understand the basics, it’s much less scary than it sounds. This guide walks you through how Statutory Sick Pay (SSP) and Statutory Maternity Pay (SMP) work for nannies, what to do when your nanny is ill or pregnant, and how to stay compliant without spending hours buried in HMRC guidance.
A quick note: this guide is UK-focused
All the rules in this article are based on UK law and guidance, and on the assumption that your nanny is employed (on PAYE), not self-employed. Most nannies who work in your home, on your schedule, using your equipment will be employees, not contractors. If in doubt, always check with a professional adviser or HMRC.
Sick pay for your nanny: the essentials
If your nanny is off work due to illness, they may be entitled to Statutory Sick Pay (SSP).
To qualify for SSP, your nanny must:
Be classed as an employee and have done some work for you
Be sick for 4 or more consecutive days (including non-working days)
Earn at least the Lower Earnings Limit for National Insurance (currently around £125 per week on average, before tax)
Tell you they’re off sick within your agreed notice period (or within 7 days if nothing is specified)
If they qualify, SSP is currently £118.75 per week (2025–26 rate), paid by you for up to 28 weeks. You can’t pay less than this, but you can choose to be more generous and “top up” their pay.
SSP is not usually paid for the first 3 qualifying days of sickness – these are called “waiting days”. Payment starts from the 4th qualifying day, for the days your nanny would normally have worked.
How to handle it when your nanny is sick
Here’s a simple, parent-friendly process:
Day 1 of illness
Ask your nanny to confirm their sickness by text/email and the days they expect to be off.
Make a quick note of the date and what they told you (helps if there’s ever a dispute).
Check eligibility
Look at their usual weekly gross pay to see if they’re above the Lower Earnings Limit (around £125/week).
Confirm they’ve been sick for at least 4 consecutive days.
Decide on any extra pay
At a minimum, pay SSP if they qualify.
You can choose to pay full pay or full pay for X days, then SSP after that – just make sure it’s clear in the contract.
Run it through payroll properly
SSP must go through your nanny’s normal payslip, with tax and NI handled correctly.
Keep records of sickness dates and SSP paid.
Ask for fit notes when needed
For short absences, self-certification is usually fine.
For longer periods (more than 7 days), you can reasonably ask for a GP “fit note”.
Remember: SSP is not recoverable from HMRC – as the employer, you pay it in full.
Maternity leave and pay for your nanny
If your nanny becomes pregnant, they will usually have the same core maternity rights as any other employee.
There are two separate things to consider:
Maternity leave – time off work
Maternity pay – money they receive during that leave
Statutory maternity leave for nannies
If your nanny is an employee, they can take up to 52 weeks’ maternity leave:
26 weeks Ordinary Maternity Leave
26 weeks Additional Maternity Leave
They don’t have to take the full 52 weeks, but they must take at least 2 weeks off after the birth (4 weeks if they were a factory worker – unlikely for a nanny role, but that’s the general law).
They can usually start maternity leave any time from 11 weeks before the expected week of childbirth, unless the baby arrives early.
Statutory Maternity Pay (SMP): who qualifies?
To qualify for Statutory Maternity Pay (SMP), your nanny must:
Have worked for you continuously for at least 26 weeks up to the end of the 15th week before the baby is due
Earn on average at least the Lower Earnings Limit (around £125/week) before tax
Give you the right amount of notice (usually at least 28 days) and provide their MATB1 certificate from their midwife or doctor
If they don’t meet these conditions, they won’t get SMP from you, but they may be able to claim Maternity Allowance directly from the government instead.
How much Statutory Maternity Pay do you have to pay?
SMP is paid for up to 39 weeks, and is usually:
First 6 weeks: 90% of your nanny’s average weekly earnings
Next 33 weeks: the lower of
90% of their average weekly earnings, or
the flat SMP rate (currently £187.18 per week, April 2025 rate)
The exact figures change most tax years, so always double-check current rates on GOV.UK or with your payroll provider.
You pay SMP through your nanny’s usual payroll. In many cases, small employers can recover most or all of this cost from HMRC via PAYE – this is different from sick pay, which you can’t reclaim.
If your nanny doesn’t qualify for SMP
If your nanny doesn’t meet the SMP rules (for example, they haven’t worked for you long enough, or earn under the earnings threshold), you must give them an SMP1 form explaining why you can’t pay SMP. They can use that to claim Maternity Allowance from the government directly.
You still need to:
Respect their maternity leave and employment rights
Keep their job (or an equivalent one) open for when they return
Allow them to take paid holiday they continue to accrue while on leave
What your nanny must do (and what you should do)
To keep everything clear and calm:
Your nanny should:
Tell you they’re pregnant and the expected week of childbirth
Provide their MATB1 certificate
Tell you when they want maternity leave to start
Give notice if they want to change their return date
You should:
Confirm everything in writing – expected due date, planned start of leave, and provisional return date
Explain how much SMP they’re likely to receive and when
Update your nanny’s employment contract or add a simple maternity policy/letter if you don’t already have one
Keep normal communication kind and respectful during leave (but not overwhelming)
How sick pay and maternity pay interact
A few tricky points that often confuse parents:
Your nanny can’t receive SSP at the same time as SMP. Once SMP starts, it replaces SSP.
If your nanny is off sick in late pregnancy, they might move onto maternity leave earlier than planned if sickness is pregnancy-related and happens close to the due date.
If your nanny has a pay rise between the calculation period and the end of maternity leave, you may need to recalculate SMP to reflect that higher pay.
This is exactly the kind of edge-case where having decent payroll software (or a nanny payroll service) is a lifesaver.
Common mistakes parents make – and how to avoid them
Some of the most common issues I see with sick and maternity pay for nannies:
Treating a nanny like a casual helper, not an employee
Fix it: always put a proper employment contract in place, and run PAYE correctly from day one.
Ignoring SSP because you’re paying a “nice salary” already
Fix it: even if you top up to full pay, SSP rules still apply and should be recorded correctly on payroll.
Not checking eligibility early enough for SMP
Fix it: once your nanny tells you they’re pregnant, check their start date, earnings and expected due date so you both know where you stand.
Forgetting that rights continue during maternity leave
Holiday still builds up, pay rises still apply, and dismissal because of pregnancy/maternity is unlawful.
Trying to “DIY” complex calculations
SMP and SSP calculations can get fiddly – especially with variable hours, bonuses, or overlapping sickness and pregnancy.
How a nanny payroll service (like Hirelo) can help
If all of this feels like a lot, you’re not alone. Most parents didn’t sign up to become HR and payroll experts.
A good nanny payroll service can:
Work out whether your nanny qualifies for SSP and SMP
Calculate the correct amounts and dates automatically
Handle reclaiming SMP from HMRC where applicable
Produce payslips and keep clean records if anything is ever queried
Flag upcoming dates (like when maternity pay starts or ends) so you’re never caught off-guard
That way, you can focus on what really matters – your home, your children, and your nanny relationship – while staying on the right side of the law.