Does a new contract count as continuous employment for SMP?

Where an employee has two jobs with different employers she is entitled to SMP from both employers if she meets the requirements for each job:

1. She is an employee with 26 weeks continuous employment with the employer:
2. She earns on average £112 per week; and
3. She has supplied evidence of her pregnancy and has given the correct notice.

If her second job is with the same employer then her entitlement is calculated differently based on her earnings and NI Deductions.

Whilst an employee is entitled to SMP for each job where she is employed in more than one position, returning to work for a new [ie third] employer will bring the SMP to an end. This is not an issue if the paid period of maternity leave has already come to an end. Employees on maternity are entitled to 10 Keeping in Touch days (KIT) or 20 days if taking shared parental leave and these can be taken without affecting the employee’s maternity pay.

If a person is doing a fixed-term job in one of the jobs, continuity of employment will depend on the terms of the contract and whether there is a break in service. If there is no break between the two contracts it should be counted as continuous service so it will not impact on SMP from the other job.

• Vote  
• 0
• 0
• You already voted!

• Tags:
• Maternity Pay