As SMP is payable for 39 weeks, does this mean that ordinary maternity leave is 39 weeks?
No, ordinary maternity leave and additional maternity leave remain at 26 weeks each. For women whose expected week of childbirth (EWC) is before 5 October 2008 there is no change to the rights that apply during these two periods i.e. a woman is entitled to all her terms and conditions during ordinary maternity leave (OML), apart from remuneration, as though she was at work. During additional maternity leave very limited contractual provisions apply. The employee is entitled to the benefit of: • the employer’s implied obligation of trust and confidence and any terms and conditions relating to: • notice • compensation in the event of redundancy, and • disciplinary and grievance procedures. The employee is bound by: • the implied obligation of good faith and any terms relating to: • notice • disclosure of confidential information • acceptance of gifts or other benefits, and • participation in any other business. However, women whose EWC is 5 October 2008 onwards will be entitled to the sa
