Maternity Pay

I have an employee who has been off with depression and stress (not work-related) for the past 5 months. She called me last week to tell me she is pregnant. However I am struggling to work out her Maternity Pay, if any.

She normally would be entitled to the first 6 weeks at 90% of salary, but during the average earnings period she has only received SSP. This means she is below the lower earnings limit – but I’m not sure if we can refuse to pay her SMP as her earnings are due to sickness rather than being part time. Don’t want to discriminate against her but at the same time, we don’t want to pay out for an employee when the government should be paying her. Any help will be very very gratefully received
Thanks
Anna


Anna Brown

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