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?
If an employer dismisses a pregnant woman for gross misconduct must it still pay her maternity 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?
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?
The answer depends on the timing of the employee's dismissal. A pregnant employee will be entitled to be paid statutory maternity pay for 39 weeks provided that three conditions are met. The woman
must have a minimum of 26 weeks' continuous service as at the end of the 15th
week before the week her baby is due, which is known as the "qualifying week",
her average weekly earnings must be equal to or greater than the lower earnings
limit for national insurance contributions in force at the time, and she must still
be employed by the employer during the qualifying week, ie must not have resigned
or been dismissed before the beginning of that week. A week for these purposes
commences on a Sunday and ends on a Saturday. If, therefore, the woman's
employment has terminated before the Sunday that marks the beginning of the qualifying
week, she will not be entitled to statutory maternity pay. In contrast, a
dismissal that is effective at any time during or after the qualifying week
will have no effect on her right to statutory maternity pay. This is the case
irrespective of the reason for the dismissal. The relevant criterion is that
the employee is still employed at some point during the qualifying week.
The above relates to statutory maternity pay.
Where an employer grants enhanced maternity pay it is open to it to devise and
implement its own rules regarding conditions for payment of the element of
maternity pay that exceeds the amount of statutory maternity pay to which the
employee is entitled. It would therefore be possible to have a policy that
stated that employees dismissed for defined reasons, including gross
misconduct, prior to or during maternity leave would forfeit the right to any
enhanced maternity pay. Such a policy should, of course, be communicated very
clearly at the outset.
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