If an employee on maternity leave is made redundant, does her former employer have a continuing obligation to pay her statutory maternity pay?
Posted in : First Tuesday Q&A NI on 6 November 2018 Issues covered:First and foremost, employers must exercise caution when making an employee who is pregnant or on maternity leave redundant, and ensure that fair and proper procedure is followed.
Statutory maternity pay (‘SMP’) is available to a woman who is or has been an employee under section 160 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992. Therefore, provided that the employee qualified for SMP prior to the redundancy situation arising, her right to receive SMP continues post-termination and for the remainder of the SMP period, For the avoidance of doubt, the SMP period is a maximum of 39 weeks with the first six weeks being paid at 90% of average earnings
Already a subscriber?
Click here to login and access the full article.
Log in now to read the full articleDon't miss out, start your free trial today!
Are you fully aware of the benefits of Legal-Island's Employment Law Update Service? We help hundreds of people like you understand how the latest changes in employment law impact on your business.
Help understand the ramifications of each important case from NI, GB and Europe
24/7 access to all the content in the Legal Island Vault for research case law and HR issues
Ensure your organisation’s policies and procedures are fully compliant with NI law
Receive free preliminary advice on workplace issues from the employment team at Worthingtons Solicitors
More from the First Tuesday Q&A
-
Are Employees Automatically Entitled to Bank and Public Holidays?
Posted in: First Tuesday Q&A NI on 06 September 2023
-
What are the Potentially Fair Reasons for Dismissing an Employee?
Posted in: First Tuesday Q&A NI on 06 September 2023
-
How Can Employers Ensure Their Workplace is GDPR Compliant?
Posted in: First Tuesday Q&A NI on 06 September 2023
-
What is the Legal Position on Maximum Office Temperatures?
Posted in: First Tuesday Q&A NI on 07 August 2023
-
What Remedies are Available to a Claimant Pursuing a Tribunal Claim of Unfair Dismissal?
Posted in: First Tuesday Q&A NI on 07 August 2023
Disclaimer:
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.