Confirm Maternity Leave with no SMP due to AWE - for employers

Pregnant employees need to tell their employer they are pregnant and also provide them with a form MATB1 certificate confirming they are pregnant and when they expect to have their baby (i.e. expected week of childbirth).

Within 28 days of receipt of a form MATB1 employers need to confirm entitlement to maternity leave and eligibility (or non-eligibility) for Statutory Maternity Pay (SMP).

Employee not entitled to SMP (insufficient pay)

Use this letter if your employee has:

• 41 weeks employment when they give birth (i.e. 26 weeks continuous employment at the 15th week prior to childbirth); but
  
• earns less than AWE rate (£95 per week, 6 April 2009; £97 per week, 4 April 2010).
  

This employee should not receive statutory maternity pay as they do not earn enough, i.e. less than the average weekly earnings (AWE) rate. They are still entitled to 52 weeks maternity leave.

This letter confirms maternity leave entitlement, why SMP is not being paid and:

• 52 weeks maternity leave allowance (i.e. 26 weeks OML & 26 weeks AML).
• reason for non-eligibility of SMP.
• form SMP1 as confirmation of SMP non payment.
• entitlement to other maternity payments (i.e. maternity allowance).
• last date by which to return to work after giving birth.
• early return notice and right to return to work.
• salary, pay, benefits and keeping in touch.
• returning to the same or an alternative role.
• attending work and training (up to maximum 10 days).
  

This letter also includes employer notes on UK Maternity rights, and takes account of recent maternity regulation changes in relation to keeping in touch with employees, attending work and training days (without affecting SMP or leave), extended maternity leave, contractual benefits during AML, notice of early return and important maternity dates.