NI17A - A guide to Maternity Benefits
Premature births
If your baby is born prematurely, the start date of your Maternity Pay Period (MPP) may or may not be affected, depending on just how premature the birth is.
If your baby is born after your MPP has started
Your SMP will not be affected. You can still get SMP for the full payment period. Your employer should pay it to you just as if the baby had been born when it was due.
If your baby is born before your MPP has started but after the qualifying week
You must, if reasonably practicable, inform your employer of the birth within 3 weeks. You will then receive the SMP due to you but the pay period will now start on the day following the day your baby is born and will last for up to 39 weeks.
If your baby is born before or during the qualifying week
Within 3 weeks of the birth, you must give written evidence that you were away from work because of your baby’s birth – the baby’s birth certificate will do. You must also still provide your employer with medical evidence of the date the baby was due to be born. Evidence of both the expected date and the actual date of birth can be provided together on part B of the maternity certificate (form MATB1) issued by your doctor or midwife. You must do this within 3 weeks of the baby’s birth. Your employer may agree to extend this time limit to 13 weeks (but no longer) if they feel you had good reason for delay.
You will be taken as satisfying the continuous employment rule if you would have satisfied it but for your early childbirth. The period over which the earnings rule is applied and your average weekly earnings are calculated will be the 8 weeks that end with the Saturday before the birth of your baby. The payment period will start on the day following the day your baby was born. Note, however, that if your baby is stillborn before the 24th week of your pregnancy, you won’t be entitled to SMP.
