As long as they’re an employee of the business, all women on your team are eligible to take maternity leave. But to also get paid Statutory Maternity Pay (SMP) while they’re on leave they need to meet a few conditions.
- They must earn on average at least £112 a week.
- Give you the correct notice – 15 weeks before the expected birth date if taking maternity leave and 28 days’ notice if due to receive SMP.
- Give you proof that they’re pregnant – usually a MATB1 certificate, which should be provided by their midwife.
- Have worked for you continuously for at least 26 weeks up to the ‘qualifying week’ - the 15th week before they expect baby to arrive.
If they meet those criteria, then it’s your job to pay them their SMP, once they’re started their maternity leave and have become a new mum.
There are also a few rules around when they can take their maternity leave:
- Your employee can take up to 52 weeks’ maternity leave – the first 26 weeks being ‘Ordinary Maternity Leave’, the final 26 weeks being ‘Additional Maternity Leave’.
- The earliest they can take their leave is 11 weeks before the expected birth of the baby, unless the baby is born early.
- Employees must take at least two weeks’ leave after the birth.
If you need help with your SMP processes, give us a call on 01454 300 999, or drop an email to firstname.lastname@example.org