Where a baby is born before 24 weeks of pregnancy but lives for a short period only, will the mother be entitled to maternity leave and pay?

Where an employee gives birth early and the child lives for a short period of time only, the employee will retain their full rights to maternity leave and, assuming they meet the qualifying conditions, statutory maternity pay (SMP), irrespective of the timing of the birth.

Where a child is stillborn 24 weeks or more into the pregnancy, the employee will retain their entitlement to maternity leave and SMP provided that they meet the qualifying conditions.

A stillbirth prior to this date will mean that the employee will not have the right to maternity leave or pay. Instead, the employee will be entitled to statutory sick pay provided that the qualifying conditions are met.