Is an employee who suffers a miscarriage eligible to receive statutory maternity pay?
Whether or not an employee who suffers a miscarriage is eligible for statutory maternity pay (SMP) depends on at what stage of the pregnancy the miscarriage occurs and whether or not they meet the normal eligibility requirements.
The date of the employee's expected week of childbirth on the Mat B1 form should be used to calculate in which week of pregnancy they were when the miscarriage occurred. An employee who suffers a miscarriage before the end of the 24th week of pregnancy will not be eligible to receive SMP. However, if an employee has a miscarriage, or stillbirth, after 24 weeks of pregnancy, SMP will be payable, provided that the employee meets the other qualifying requirements.
The employee must have been continuously employed for 26 weeks prior to the qualifying week, which is the 15th week before the expected week of childbirth (EWC), and their average weekly earnings over the period of eight weeks ending with the qualifying week must not be less than the lower earnings limit for national insurance purposes.