Q&As

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? Does the fact that she commences employment for another employer during her period of SMP entitlement have a bearing on this?

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Published on LexisPSL on 28/02/2019

The following Employment Q&A provides comprehensive and up to date legal information covering:

  • 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? Does the fact that she commences employment for another employer during her period of SMP entitlement have a bearing on this?

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? Does the fact that she commences employment for another employer during her period of SMP entitlement have a bearing on this?

An employee qualifies for statutory maternity pay (SMP) if she has:

  1. been in employed earner's employment with an employer for a continuous period of at least 26 weeks ending with the week immediately preceding the 14th week before the expected week of confinement (ie childbirth) (EWC),

  2. given the requisite notice to the relevant employer (who will be liable to pay the SMP) of when she expects its liability to pay her statutory maternity pay to start, and

  3. complied with other qualifying conditions stipulated in section 164(4) of the Social Security Contributions and Benefits Act 1992

A woman does not need to be employed by the employer from whom she receives SMP at the point when she begins to receive that pay (or indeed after that). Rather, provided she was working as

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