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
Johanna Cunningham
Arthur Cox

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

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

Johanna Cunningham
Arthur Cox

The main content of this article was provided by Johanna Cunningham. Contact telephone number is Johanna Cunningham or email belfast@arthurcox.com

View all articles by Johanna Cunningham