Once an employee qualifies for SMP, what happens to her entitlement if she ceases to work for the employer either before or during her period of maternity leave?

Posted in : First Tuesday Q&A NI on 5 March 2019
Arthur Cox
Arthur Cox
Issues covered:

To recap, an employee qualifies for statutory maternity pay (“SMP”) if she has:

  • been employed by her employer for a continuous period of at least 26 weeks ending with the week immediately preceding the 14th week before the expected week of childbirth (“EWC”);
  • become pregnant and has reached, or given birth before reaching, the commencement of the 11th week before the EWC;
  • given the requisite notice to her employer as to when she expects statutory maternity pay to commence; and
  • average weekly earnings of not less than £116 with that employer in the eight weeks preceding the 14th week before the EWC.

An employer must pay SMP if the above criteria are satisfied. Therefore, the woman does not

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Back to Q&A's This article is correct at 05/03/2019

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.

Arthur Cox
Arthur Cox

The main content of this article was provided by Arthur Cox. Contact telephone number is 028 9023 0007 or email belfast@arthurcox.com

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