What are the rules for freelance staff and maternity pay?

We pay freelance (self employed) tutors to deliver dance workshops during term times. One of our tutors is pregnant and is trying to claim maternity allowance. She was told by the Job Centre that even though she is freelance she may be entitled to SMP by us as she has worked with us for over 3 years. I am happy to pay her SMP but can not work out from all the various websites if she is eligible. She works for 3, ten week terms a year, with long gaps particularly over the summer and we pay her approx 240 per week. I dont know if this counts as continuous service. The baby is due in October and our end of term is June 28th. She isn't currently planning on returning in September but would for a few weeks if that would make her eligible. If she isnt eligible for SMP, she needs to prove that she worked for us for 26 weeks to get Maternity allowance. Sorry to ask another question about maternity pay but there seems to be very little information about self employed status.

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d.head's picture

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David Head MBA is an experienced manager with knowledge of both the commercial and voluntary sectors. Over 20 years managing teams of various sizes has given him plenty of practical experience to back up his study of employment law and management theory.