I have employed a lady on a 9 month maternity contract. Shortly after she started with me she found out that she herself is now 11 weeks’ pregnant. Do I need to pay her statutory maternity pay (“SMP”)? Her 9 month contract started on 10 June 2013 and she is now 12 weeks pregnant. Her baby is due on 26 February 2014.

Posted in : First Tuesday Q&A NI on 3 September 2013
Emma-Jane Flannery
Arthur Cox
Issues covered:

SMP is available to “a woman who is or has been an employee”. Therefore, provided the employee qualifies for SMP and has ceased work (whether, for example, by dismissal, resignation or taking maternity leave), she will be entitled to the full SMP entitlement from her employer / former employer. An employee, however, needs to qualify for SMP. The conditions for entitlement are that:

  • she has been continuously employed for at least 26 weeks by the end of the “Qualifying Week”, which is the 15th week before the expected week of childbirth (“EWC”);
  • her normal weekly earnings are not less than the lower earnings limit for National Insurance purposes;
  • she is still pregnant 11 weeks before the

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Back to Q&A's This article is correct at 02/09/2015

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Emma-Jane Flannery
Arthur Cox

The main content of this article was provided by Emma-Jane Flannery. Contact telephone number is 028 9023 0007 or email Emma-Jane.Flannery@arthurcox.com

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