Women can choose to begin their Statutory Maternity Pay (SMP) period on a date later than the date that they have stopped work before the birth.
Depending on the terms of any contractual maternity pay policy, the SMP start date might not have to be the same date on which contractual maternity pay starts. This would enable an employee whose contractual pay continues only for a fixed period to delay the start of their SMP and thereby prolong the period during which they receive some pay.
Employers may wish to avoid this result by careful drafting of any contractual maternity pay scheme. (Wade v North Yorkshire Police Authority, Upper Tribunal)
Key contacts
Samantha Brown
Managing Partner, Employment, Pensions and Incentives, UK and EMEA, London
Steve Bell
Managing Partner, Employment, Industrial Relations and Safety, Asia and Australia, Melbourne
Emma Rohsler
Partner, Head of Employment, Pensions and Incentives, EMEA, Paris
Tim Leaver
Partner, London
Andrew Taggart
Partner, London
Fatim Jumabhoy
Partner, Head of Employment & Workplace Investigations, Asia, Singapore
Barbara Roth
Partner, New York
Christine Young
Partner, London
Disclaimer
The articles published on this website, current at the dates of publication set out above, are for reference purposes only. They do not constitute legal advice and should not be relied upon as such. Specific legal advice about your specific circumstances should always be sought separately before taking any action.