Labour Research July 2008

Law Queries

Maternity pay

A:I am past the 15th week before my expected week of childbirth and am due to attend a disciplinary hearing for alleged misconduct. If I am dismissed am I still entitled to statutory maternity pay (SMP)?

Q: As long as you meet all the other qualifying criteria for receiving statutory maternity pay (SMP), then yes.

These are that: you have been continuously employed by your employer for at least 26 weeks by the qualifying week — the 15th week before the expected week of childbirth (EWC); earned an average of at least £90 a week; and have notified your employer of your pregnancy.