8.
MATERNITY PAY
8.1
Statutory maternity pay ( SMP ) is payable for up to 39 weeks. SMP will stop being payable if you return to work (except where you are simply keeping in touch in accordance with paragraph 12). You are entitled to SMP if:
(a) you have been continuously employed for at least 26 weeks at the end of the Qualifying Week and are still employed by us during that week;
(b) your average weekly earnings during the eight weeks ending with the Qualifying Week (the Relevant Period ) are not less than the lower earnings limit set by the government;
(c) you provide us with a doctor's or midwife's certificate (MAT B1 form) stating your Expected Week of Childbirth;
(d) you give at least 28 days' notice (or, if that is not possible, as much notice as you can) of your intention to take maternity leave; and
(e) you are still pregnant 11 weeks before the start of the Expected Week of Childbirth or have already given birth.
8.2
SMP is calculated as follows:
(a) First six weeks: SMP is paid at the Earnings-Related Rate of 90% of your average weekly earnings calculated over the Relevant Period.
(b) Remaining 33 weeks: SMP is paid at the Prescribed Rate which is set by the government for the relevant tax year, or the Earnings-Related Rate if this is lower. SMP accrues from the day on which you commence your OML and thereafter at the end of each complete week of absence. SMP payments are made on the next normal payroll date and income tax, National Insurance and pension contributions are deducted as appropriate. You are still eligible for SMP if you leave employment for any reason after the start of the Qualifying Week (for example, if you resign or are made redundant). In such cases, if your maternity leave has not already begun, SMP starts to accrue in whichever is the later of:
8.3
8.4
(a) the week following the week in which employment ends; or
(b) the eleventh week before the Expected Week of Childbirth.
8.5
If you become eligible for a pay rise before the end of your maternity leave, you will be treated for SMP purposes as if the pay rise had applied throughout the Relevant Period. This means that your SMP will be recalculated and increased retrospectively, or that you may qualify for SMP if you did not previously qualify. We shall pay you a lump sum to make up the difference between any SMP already paid and the amount payable by virtue of the pay rise. Any future SMP payments at the Earnings-Related Rate (if any) will also be increased as necessary.
9.
TERMS AND CONDITIONS DURING OML AND AML
9.1
All the terms and conditions of your employment remain in force during OML and AML, except for the terms relating to pay. In particular:
(a) benefits in kind such as life insurance, health insurance, gym membership and use of a company vehicle if applicable shall continue;
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