Where an employee has been absent on maternity leave must she return to work for a particular period of time before qualifying for another period of maternity leave and pay?
Where an employee takes annual leave prior to her maternity leave, but gives birth early, will her maternity leave still start after the period of annual leave?
Can an employee take a period of paid holiday in between her ordinary maternity leave and additional maternity leave?
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?
Only employees are entitled to statutory maternity pay (SMP). For these purposes, an "employee" is an individual with earnings that attract liability for employers’ secondary Class 1 national insurance contributions (or that would if they were high enough). This can include agency workers.
Employees who do not have 26 weeks' continuous service at 15 weeks before the expected week of childbirth, and employees whose average weekly earnings are below the lower earnings limit for national insurance (which is revised annually) are ineligible for SMP.
Mariners are not covered by the statutory maternity pay scheme if they are employed on a foreign-going ship, or their employer does not have a place of business in the UK. Further, any employee who works outside the UK for an employer that has no base in the UK is not entitled to SMP.
Employees are not entitled to SMP if they are in legal custody at the beginning of their maternity pay period. If an employee has been receiving SMP, she will stop receiving it if she goes into legal custody.
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Where a pregnant employee has two jobs will she be entitled to statutory maternity pay from each employer?
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?
If a part-time employee temporarily increases her hours for a period prior to her maternity leave, on what basis should her maternity pay be calculated?
How is statutory maternity pay calculated when there is a salary-sacrifice arrangement in place?
Can an employee who has not been employed by her employer for 26 weeks by the qualifying week claim any financial assistance throughout her maternity leave?
Can an employer offer an employee less money for alternative work during her pregnancy where she cannot do her normal job because of the risks involved?
Should allowances such as travel allowances and car allowances be used in the calculation of statutory maternity pay?
If an employee is in receipt of sick pay during the period for the calculation of statutory maternity pay, is her maternity pay calculated on her actual pay or the pay that she would normally have received?
Where an employee in the early stages of pregnancy is taking regular time off sick how should the employer handle the situation?
Where a pregnant employee who is off sick with a pregnancy-related illness has used up her company sick pay entitlement is there any obligation on the employer to pay her at her normal rate of pay?
Where an employee is off sick when her maternity leave is due to start will her sick pay continue or will she transfer to maternity pay?
Does an employee still qualify for statutory maternity pay if she leaves her employment?
If an employer dismisses a pregnant woman for gross misconduct must it still pay her maternity pay?