Confirm Maternity Leave with no SMP due to service - 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 employment)

If your employee has less than 41 weeks employment when they give birth (i.e. they have less than 26 weeks continuous employment service at the 15th week before childbirth) they do not qualify for SMP. It does not matter if the employee's average weekly earnings (AWE) are over or under the government set rate they will still not be entitled to SMP.

This letter confirms entitlement to 52 weeks maternity leave, reasons for not paying SMP and:

• Ordinary Maternity Leave (OML) and Additional Maternity Leave (AML) dates, duration and end.
• SMP non payment, form SMP1 and maternity allowances.
• return notice period, early return and last date on which to return.
• pay and benefits during maternity leave.
• returning to the same or another role.
• employee right to return to work after maternity leave period.
• work and training day requests, and employer / employee contact.

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.