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How do you qualify for maternity pay?

Hetal Gir

23 July 2019

Statutory Maternity Leave

You qualify for Statutory Maternity Leave if:

• You are an employee and not a ‘worker’
• you give your employer the correct amount of notice
It does not matter how long you’ve been with your employer, how many hours you work or how much you get paid.

You cannot get Statutory Maternity Leave if you have a child through surrogacy - you could get Statutory Adoption Leave and Pay instead.

Statutory Maternity Pay (SMP)

To qualify for SMP you must:
• earn on average at least £118 a week
• give the correct notice
• give proof you’re pregnant
• have worked for your employer continuously for at least 26 weeks continuing into the ‘qualifying week’ - the 15th week before the expected week of childbirth

You cannot get SMP if you go into police custody during your maternity pay period. It will not restart when you’re discharged.


How do you qualify for maternity pay? Watch this short video an employment law solicitor Hetal Gir will explain.

Okay, so in order to qualify for maternity pay, you must be an employee, you must be employed for you must be employed for at least 26 continuous weeks up to the qualifying week which is the fifteenth week before the expected week of childbirth. You've got to give you all employer 28 days’ notice unless there's good reason why you can't and you need to provide your employer with a MAT B1 form, which is the certificate completed by your GP or Midwife which confirms to expected week of childbirth and you need to cease working so that you can start all over soon as you leave and get intend to pay

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