SMP Eligibility

Understanding SMP eligibility helps you plan for maternity leave and know what you're entitled to.

SMP Eligibility Criteria

The Four Requirements

To qualify for SMP, you must:

Requirement	Detail
Continuous employment	26 weeks by qualifying week
Earnings	Average £123+/week
Still employed	Into qualifying week
Notification	Given correct notice

All Must Be Met

You need ALL four requirements:

• Missing any one = no SMP
• But may get Maternity Allowance instead
• Check each carefully

Continuous Employment

26-Week Rule

You must have worked for your employer:

• For at least 26 continuous weeks
• By the end of the qualifying week
• Same employer throughout

What Counts as Continuous

Situation	Counts?
Normal employment	Yes
Sickness absence	Yes
Holiday	Yes
Authorised unpaid leave	Usually yes
Agency assignment (same employer)	May count

What Breaks Continuity

Situation	Effect
Gap between employments	May break continuity
Dismissal and rehire	Check specific rules
Transfer of business	Usually continues

The Qualifying Week

What It Is

The qualifying week (QW) is:

• The 15th week before your expected week of childbirth (EWC)
• Starts on a Sunday
• Critical date for eligibility

Calculating the Qualifying Week

Step	Action
1	Find your due date
2	Find the Sunday of that week (EWC)
3	Count back 15 weeks
4	That's your qualifying week

Example

If due date is 15 May 2025:

• EWC starts Sunday 11 May 2025
• Count back 15 weeks
• QW starts Sunday 26 January 2025
• Must have 26 weeks by 1 February 2025

Earnings Requirement

Lower Earnings Limit (LEL)

You must earn at least:

• £123 per week on average (2024-25)
• Calculated over 8-week "relevant period"
• Gross earnings (before tax)

The Relevant Period

When Calculated	8 Weeks
For SMP purposes	Up to and including qualifying week
What's counted	Gross earnings
Average needed	£123/week

Variable Earnings

If earnings vary:

• Total gross pay over 8 weeks
• Divide by 8
• Must reach £123

Includes

Included	Excluded
Basic pay	Benefits in kind
Overtime	Expenses
Commission	Statutory payments
Bonus (if earned)

Still Employed Requirement

Into Qualifying Week

You must be employed:

• At some point in qualifying week
• Doesn't have to be whole week
• Can leave after QW and still qualify

After Qualifying Week

Situation	SMP?
Stay employed	Yes
Leave after QW	Yes (if otherwise qualify)
Dismissed after QW	May still qualify
Leave before QW	No

Notification Requirements

What to Tell Employer

By the 15th week before due date:

• That you're pregnant
• When baby due
• When you want to start leave

How to Notify

Requirement	Detail
Timing	By end of qualifying week
Format	Can be verbal (writing advised)
Content	Pregnancy, due date, leave start
Evidence	MATB1 if requested

Late Notification

If you notify late:

• Must be as soon as reasonably practicable
• Good reason required
• Employer may accept

Evidence of Pregnancy

MATB1 Certificate

Employer can ask for:

• MATB1 certificate
• Or equivalent medical evidence
• Usually from week 20

What MATB1 Shows

Information	Confirmed By
Expected due date	Doctor/midwife
Date certificate issued	Healthcare professional
Whether EWC changed	After any revision

If You Can't Get MATB1

• Explain to employer
• Provide alternative evidence
• GP letter may suffice
• Should not prevent SMP

If You Don't Qualify

Form SMP1

Employer must give you SMP1 if you don't qualify:

• Within 7 days of decision
• Explains why no SMP
• Use for Maternity Allowance claim

Maternity Allowance

You may get MA if:

Situation	MA Option
Not enough service	Check MA rules
Earnings too low	Different threshold
Self-employed	May qualify
Recent job change	Check employment pattern

MA Requirements

Maternity Allowance requires:

• Employed/self-employed for 26 weeks in 66 before EWC
• (Weeks don't need to be continuous)
• Average earnings £30+/week (in 13 weeks)

Special Situations

Multiple Employers

If working for multiple employers:

• Check SMP from each
• Must meet conditions for each
• Can get SMP from multiple sources

Agency Workers

Situation	SMP From
Agency is employer	Agency
Placed with client	Check who's employer
Unclear	Seek advice

Company Directors

Directors may qualify if:

• Employee for PAYE purposes
• Meet all conditions
• Sufficient earnings

Fixed-Term Contracts

Contract Ends	SMP Position
Before qualifying week	No SMP
During/after qualifying week	SMP continues
Early due to pregnancy	May be discrimination

Premature Birth

Early Baby

If baby born early:

• SMP starts automatically
• From day after birth
• Qualifying week may be adjusted
• Don't lose entitlement

Stillbirth

After 24 weeks:

• SMP still payable
• Full entitlement applies
• Sensitive handling needed

Common Questions

"I changed jobs recently"

Check:

• Have you been with new employer 26 weeks?
• By qualifying week?
• If not, consider MA

"My earnings vary"

Calculate:

• Average over relevant 8 weeks
• Must reach £123
• Total ÷ 8

"I'm on zero hours"

You may still qualify if:

• Meet earnings threshold (averaged)
• Meet service requirement
• Employee status exists

"I'm a contractor"

Check:

• Employment status
• Are you really an employee?
• If genuinely self-employed, claim MA

Practical Steps

Checking Your Eligibility

1. Calculate your qualifying week
2. Count your weeks of service
3. Calculate average earnings
4. Notify employer properly
5. Provide MATB1 when available

If Employer Says No SMP

• Request written explanation
• Check their calculations
• Get SMP1 form
• Consider MA claim
• Seek advice if dispute