SPM20660 - Statutory Maternity Pay (SMP) - Continuous Employment

Short contract or casual employees

Some employees can satisfy the continuous employment test even if they work only as and when required. Supply teachers, for example, may not actually work each week but do so when and where the need for their service arises.

Breaks between such spells of work do not necessarily mean that the continuous employment test cannot be satisfied.

Generally the same rules apply as for agency workers but if the woman is

• sick throughout the QW, or
• not required to work during that week

she can be treated as having worked in the QW. This applies even if she does not resume work before commencing her maternity absence. See regulation 11(3)(a) of the SMP (General) Regulations 1986 Regulation 11(3A). 

Also see Agency workers SPM20655.