SPM20405 - Statutory Maternity Pay (SMP) – Notification of Start of SMP

Overview

An employee does not have to claim SMP. It is payable if she satisfies the conditions such as notification, evidence, continuous employment and so on.

The employer should decide how they wish to be notified of maternity absence and the date their employee expects her SMP to begin. They can ask for this to be in writing if they wish. They should inform their employees accordingly.

The employee should normally give notice personally but, if this is not possible, the employer must accept notice given on her behalf.

The employee should give her employer at least 28 days' notice before her SMP is due to start unless her employment was ended after the QW.

Once the EWC is decided from the date given on MAT B1, it does not normally change even if the baby is born early or late. Exceptionally a doctor or midwife may certify that the original date was given in error. See SPM20505.