Statutory maternity pay must be paid to any pregnant employee, provided that she:
- has 26 weeks' continuous service by the 15th week before the week in which the baby is due;
- has average weekly earnings of £90 per week (from April 2008) for the eight weeks up to and including the 15th week before the week in which the baby is due;
- has produced medical evidence of the week in which the baby is due; and
- has given 28 days' notice of the date on which she wishes to start SMP.
Statutory maternity pay lasts for 39 weeks. For the rates at which it is paid, see question 15, below.
If an employee does not qualify for SMP, she may well qualify for maternity allowance (see question 21, below).
