What happens if you need to make an employee redundant when they’re on maternity leave? It’s a difficult choice for your business, so you’ll need to approach the decision carefully. It’s essential you know the legal rights your staff member has—this guide explains everything you need to know to stay legally compliant.
Losing job while on maternity leaveAs an employer, there are three ways you can make an employee on maternity leave redundant.
- If the business enters bankruptcy, on a temporary or permanent basis.
- Should you move location and the member of staff can no longer reach you.
- When you have fewer staff members required for your current projects.
Statutory maternity pay (SMP) rightsIf you make a staff member redundant, what should you keep in mind about SMP? The employee can’t claim SMP if they’re made redundant before their maternity leave qualify week—the 15th week before their baby is due. Your staff member can claim it if they:
- Worked for you through a period of at least 26 weeks by the time of their qualifying week.
- Be in employment with you in all, or part of, their qualifying week.
- Hold a salary of £116 (until April 2019) in the two months before their leave begins.