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Q: We are going through the process of making a pregnant employee redundant. She is entitled to Statutory Maternity Pay (SMP), are we obliged to keep paying her SMP once she has left, or can we stop it on her departure? A: SMP is an entitlement for pregnant employees provided that she has at least 26 weeks’ continuous service at the “Qualifying Week” (QW). This is at the start of the 15th week before the “Expected Week of Childbirth” (EWC). Whether you will have to continue paying her SMP will depend on when you plan on making her redundant. If she is going to be dismissed after the start of the QW, you’ll still have to pay SMP even if you haven’t started to pay it. If she starts working for an employer after the birth that she did not work for at the time of her QW, you won’t have to pay her SMP any longer.

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