Thanks, I could not find any text on this specific subject. Plenty on accrual of leave whist on maternity but nothing really explaining that it's still accrues even though SMP criteria has not been met.
1). While a woman is on maternity leave, her contract of employment remains in full force except for the requirement to pay her usual salary. That is the statutory position (although it is possible for the employer to do more than the statutory minimum and offer an enhanced pay scheme).
2). There are specific criteria that determine whether or not someone gets SMP and which do not apply to anything else.
2). does not influence the application of 1). and that is why you couldn't find anything on this point. The contract of employment is not affected by whether or not the conditions for the payment of SMP are met.
Elizabeth
Thank you for fully explaining. I had meant to expand on my earlier brief response (did not have time when posting but wanted to let Phil know quickly) but then forgot.
