Statutory Maternity Pay (SMP)

[ch 6: pages 63-64]

SMP is six weeks’ pay at 90% of a woman’s average earnings, followed by 33 weeks of SMP at a flat rate of £139.58 (2016-17), or 90% of average earnings if less. The remaining weeks are unpaid. To qualify for SMP, a woman must:

• have worked for the employer for at least 26 weeks by the 15th week before the baby is due;

• in the eight weeks (or two months if monthly paid) before the 15th week, have had average earnings of at least £112 a week;

• by the 15th week before the due date, have given the employer medical evidence of the pregnancy and told them when she wants to stop working and start claiming SMP; and

• have stopped working.

Any pay increase between the start of the 15th week before the due date (or matching date, for SAP – see page 59) and the end of the leave period must be taken into account when calculating the earnings-related part of SMP.

SMP is paid to a woman even if she doesn’t return to work at the end of the maternity leave (and even if she is dismissed for gross misconduct before going on maternity leave), as long as she meets the four qualifying criteria set out above before being dismissed.

Some agency workers will qualify for SMP. A woman who does not qualify for SMP may qualify for maternity allowance.