Maternity Leave

(asked on 22nd October 2021) - View Source

Question to the Department for Work and Pensions:

To ask the Secretary of State for Work and Pensions, what assessment she has made of the suitability of the 26-week period of employment required for expectant mothers to qualify for statutory maternity leave; and whether she has made an assessment of the potential merits of reducing that qualification period.


Answered by
Guy Opperman Portrait
Guy Opperman
Parliamentary Under-Secretary (Department for Transport)
This question was answered on 1st November 2021

Statutory Maternity Leave (SML) is a “day one” right. This means that all employed women are entitled to 52 weeks’ SML if they are pregnant or give birth, provided they give their employer the correct notice.

To qualify for Statutory Maternity Pay (SMP), a woman must have been continuously employed by the same employer for at least 26 weeks when she enters the 15th week before the week her baby is due. Once a woman has qualified for SMP, her employer must pay it to her even if she subsequently leaves their employment or is made redundant.

These criteria is designed to achieve a balance between the needs of the employer and those of a pregnant employee, ensuring that a woman has made a reasonable contribution towards her employer's business before that employer is required to administer Statutory Maternity Payments, and bear a proportion of the cost.

There are currently no plans to change the qualification period for SMP.

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