How does an employer determine an employee's right to statutory maternity pay?

If an employee is pregnant or has given birth, they are entitled to statutory maternity pay provided that their average weekly earnings are at least the lower earnings limit for national insurance purposes. They must also have been continuously employed for a minimum of 26 weeks into the qualifying week (which is the 15th week before the expected week of childbirth). Statutory maternity pay is payable for up to 39 weeks.