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Original poster

Maternity pay

6 replies

Karaheath · 29/03/2023 15:18

Hi, is it legal for an employer to state in its employment contracts that it does not provide maternity pay and employees are only entitled to statutory maternity pay?

OP posts:
Moonlightsonatas · 29/03/2023 15:21

Yes, occupational maternity pay is optional, they must offer SMP.

dementedpixie · 29/03/2023 15:24

Why would it be illegal to state they don't offer occupational/enhanced maternity pay?
Lots of places only offer statutory maternity pay

CatOnTheChair · 29/03/2023 15:36

SMP I'd say is the standard, and occupational maternity pay is a bonus.

Daisy95 · 29/03/2023 15:39

Of course it's legal, it's a benefit to get anything more than SMP

rubyslippers · 29/03/2023 15:41

Karaheath · 29/03/2023 15:18

Hi, is it legal for an employer to state in its employment contracts that it does not provide maternity pay and employees are only entitled to statutory maternity pay?

They’re entirely correct
stat maternity pay is the legal requirement
anything over and above that is at their discretion

Nearlyamumoftwo · 29/03/2023 16:00

Hi @Karaheath

of course - why wouldn’t it be? Why would statutory maternity pay exist if it was not legal?

to be clear, offering statutory maternity pay is a legal requirement. Offering anything in addition is a bonus and not contractual.

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