Ineligibility for Statutory Maternity Pay

This Letter advising a pregnant employee of ineligibility for Statutory Maternity Pay tells an employee that she cannot receive Statutory Maternity Pay (SMP) and the reasons why this is the case.

Employees may be ineligible for SMP because:

• They were not employed by the employer for long enough;

• Their average weekly earnings were not high enough;

• They did not tell the employer soon enough that they will stop work to have their baby;

• They did not provide medical evidence soon enough;

• They did not tell the employer soon enough that their baby had been born;

• They were in legal custody; or

• They have started work after the birth.

The letter advises the employee that an SMP1 form is enclosed and provides details of how to apply for maternity allowance, instead of SMP.