Pregnant on first day at work.

[Bliss]

We interviewed for a pre-school practitioner before Christmas, and appointed someone to start yesterday. She arrived and announced that she found out she was pregnant over Christmas. She is on probation for 6 months. What are the legal implications for maternity pay? Anyone have any advice?

 

Thanks!

[finleysmaid]

i think if im right that there is a qualifying period for work before she is entitled to any maternity pay...contact ACAS and ask

[diesel10]

Check out the Acase website. Having a quick read she needs to have been employed for 26 weeks at her 15 weeks of pregnancy.

 

Good luck.

[finleysmaid]

yep here is the info....

Statutory maternity pay

Statutory maternity pay (SMP) will be payable if the employee has been employed continuously for at least 26 weeks ending with the 15th week before the expected week of childbirth, and has an average weekly earnings at least equal to the lower earnings limit for National Insurance contributions. SMP is payable for 39 weeks; for the first six weeks it is paid at 90 percent of the average weekly earning. The following 33 weeks will be paid at the SMP rate or 90 per cent of the average weekly earnings which ever is the lower. The SMP rate from April 2014 is £138.18 per week, increasing to £139.56 per week from 5 April 2015. The standard rate for SMP is reviewed every April.

Maternity Allowance

Women who do not qualify for Statutory Maternity Pay may be entitled to Maternity Allowance, paid by the Benefits Agency, for up to 39 weeks. To qualify, they must have been employed or self-employed for 26 weeks out of the 66 weeks before the expected week of childbirth.

Acas Helpline

Call our Helpline on 0300 123 1100 for free support and advice or to check your workplace policies and practices. The Acas Helpline provides free and impartial advice for employers, employees and representatives on a range of employment relations, employment rights, HR and management issues.

[Stargrower]

Exactly the same thing happened to me a little while ago. The woman was only entitled to Maternity Allowance and returned to work after three months.

[Bliss]

Thank you for taking the time to find out this information - I tried and found similar, but was not quite sure whether if she has been employed for 26 weeks elsewhere, we would still need to take statutory maternity pay on. It would seem not.

Thanks for the advice - will have a chat to make the situation clear and see what she plans to do.

Happy New Year!