Employee going from 6 months of SSP to Maternity leave. Advice needed please.

[NappyGallor]

A member of my staff, who for this thread i will call Sally, went off sick starting Monday 10th Nov last year. She has been getting basic SSP since and her 6 months of SSP due to finish this Friday.

She informed me a while ago that she is pregnant and is due Aug 10th. I have worked out that her maternity leave can start on Monday May 25th leaving one weeks gap between her SSP ending and her maternity starting.

She hasn't mentioned her maternity leave or given me any notice as to when she wants it to start. Her sick note from the doctor goes on for another two weeks, it over laps the 6 months she can claim SSP for.

I am not sure what i am supposed to do and whether she is entitled to SMP or not because i have been reading on directgov.com that they work out your maternity pay from your weekly earnings leading up to your maternity leave and that you have to have been earning more than £95 per week to qualify? Her SSP has been giving her less than this so i am not sure how it will be worked out. It also says on the website i am supposed to have 28 days notice from her as to when she intends to take her leave but am not sure if this applies due to her being off sick for the last six months.

Her being off sick is not pregnancy related at all.

I am really stuck by this so any help would ge grateful. Thank you.

[NappyGallor]

bump

[ZoeC]

From a quick google, it appears you can work out her maternity based on sick pay as that is what she was paid up to the qualifying week. She doesn't have to go on maternity until her due date as the sickness is not pg related, although if she won't be paid ssp I don't see any advantage in doing that, so she still has time to give you notice.

[ZoeC]

Just reread that her ssp would put her below the limit. Think she would then go on standard maternity allowance.

[flowerybeanbag]

NappyGallor just to say in case you were hoping for my input that I can't give you free advice as you are an employer, who I would normally charge.

Sorry about that. Have a look at the Businesslink website if you haven't already, it might give you a bit more help and is aimed at businesses unlike Directgov.

[NappyGallor]

Thanks ZoC. Who pays standard maternity allowance, me the employer?

[NappyGallor]

Thanks flowery, i will look at businesslink.

[LadyPinkofPinkerton]

Maternity Allowance is paid by the benefits office, or someone like that. Not the employer

[ZoeC]

direc gov link here you give her a form telling her she doesn't qualify from you, then she claims from the Job Centre.

[lal123]

I'd write to her asap and let her know that her ssp is coming to an end, and enclose a copy of yoru maternity policy if you have one. Its up to her to formally notify you of when she wants to start her maternity leave.