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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.
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? Where a pregnant employee has two jobs will she be entitled to statutory maternity pay from each employer?
For the first six weeks of an employee's maternity leave, statutory maternity pay (SMP) is paid at 90% of the employee's average weekly earnings. For the remaining 33 weeks, SMP is paid at either the flat SMP rate (which changes annually in April), or 90% of the employee's average weekly earnings if this is lower.
For the purposes of calculating SMP, the employer must take an average of the employee's total earnings during the eight-week period leading up to the 14th week before the expected week of childbirth.
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