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Browse frequently asked questions and answers on key HR issues. Navigate by topic or key word search. View latest additions or suggest a question to the XpertHR editorial team.
How does an employer determine an employee's right to statutory maternity pay? Which individuals are excluded from the right to claim statutory maternity pay? How is "expected week of childbirth" defined? What notice of the date that she wants her statutory maternity pay to begin does an employee have to give? How is statutory maternity pay calculated? What is included in an employee's "normal weekly earnings" for the purposes of calculating statutory maternity pay? Can an employee who does not have average weekly earnings of at least the lower earnings limit for national insurance purposes claim any financial assistance throughout her maternity leave? How is statutory maternity pay calculated when there is a salary-sacrifice arrangement in place? Where a pregnant employee has two jobs will she be entitled to statutory maternity pay from each employer?
The calculation of statutory maternity pay (SMP) depends on an employee's average weekly earnings in the "relevant period". The relevant period is the period between the last normal pay day before the Saturday at the end of the qualifying week, and the last normal pay day at least eight weeks before that date. Average weekly earnings are calculated by averaging the employee's pay per week during this period. All earnings paid in the relevant period (including bonuses, commission, shift allowances and overtime payments) must be taken into account.
If the employee's increase in hours is during the relevant period, her SMP will therefore be calculated according to her higher level of earnings during that period.
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