subscribe to stafftax
renew stafftax subscription
“We have been extremely pleased with the service you have given us over the years and consider it to have been excellent value for money.”
Mrs C A – Whitchurch
Home Employers your employee's rights statutory maternity pay
My employee is pregnant - what do I do? PDF Print E-mail

At Stafftax we deal with domestic employees on maternity leave on a daily basis, and with over 15 years experience we understand the many different situations employers can find themselves in. To help answer some of the most frequently asked questions, we've put together a Q&A (see below), but if you have more questions, please don't hesitate to get in touch.

Q. Is my employee entitled to Maternity leave?
A. Any pregnant employee may take 52 weeks leave regardless of their length of service. If they wish to return before the end of the 52 weeks they must give the employer 8 weeks notice.

Q. What about Maternity pay? How long does my employee have to have worked with me before she becomes entitled to SMP?

A. The employee cannot be pregnant when she starts her new employment. She qualifies for SMP if she has been in the same employment for 26 weeks (i.e. six months) prior to the "notification week". The "notification week" is 15 weeks before the baby's due date.

Q. What is the amount of SMP?
A. See our current rates and thresholds page for the most up-to-date rates.

Q. Who foots the bill for SMP?
A. As a small employer you can usually reclaim all the SMP costs involved. At Stafftax we will calculate and apply to HMRC for your SMP rebate on your behalf. Your employee should provide you with a Maternity Certificate (MATB1) for this purpose. The MATB1 is issued 20 weeks before the baby's due date and your employee can ask their doctor or midwife for it. We will issue payslips for your employee throughout the period of maternity leave, showing SMP paid and any Tax and NI deductions.

Q. Is it reasonable to expect a part-time employee to attend antenatal classes in her own time?

A. She is entitled to paid time off to attend appointments made on the advice of her midwife, health visitor or GP. Except for the first appointment she must be prepared to show the employer the appointment card. She may not be able to arrange appointments on the days of her choice in which case she must be allowed to attend and be paid.

Q. If the pregnant employee is still in her probationary period and the employer are not happy with her as she has had several days off already, can they legally dismiss her?
A. If the sickness is related to her pregnancy then it would be unlawful to dismiss her and the employer could be at risk of a sex discrimination claim. The best approach here is to discuss with her the reasons for her absence, explain the importance of reliability and see how her attendance can be improved.

Q. Does the employee qualify for holiday while she is on maternity leave?
A. Holiday entitlement is accrued as normal throughout the maternity leave (including bank holidays) and is at the employers expense. The only occasions where this may not be payable is if the employee is either made redundant or resigns as she goes on maternity leave.


employment law

Basic document checks

According to the Asylum and Immigration Act 2006 all UK employers have a legal duty to make basic document checks on each person they intend to employ in order to establish that they have a right to work in the UK and are here legally.


employment costs

Current rates and thresholds

Thresholds for paying Tax and NI and statutory payments such as statutory sick pay and statutory maternity pay change at least once every tax year. Stafftax makes sure you are kept up to date with the latest rates.