I would appreciate some assistance with this situation.

We are in the process of closing a manufacturing site (announced Feb 2008, but a long process).  One of the employees left mid-February to start her maternity leave and is entitled to the full 52 weeks maternity leave.

If she was still at work and not pregnant, her employment would end at the end of this month.  The site is only for dilapidations until the end of the year so there is not an alternative job for her to come back to for that period of time.

 As a company, we only pay SMP and this would leave a period of approx 3 months between the employee receiving SMP and receiving their severance payment.  I understand that her redundancy date is the end of  maternity leave, but when would this be in this case? Can I write to the employee and say that all monies will be paid at the end of maternity leave regardless (52 weeks) or can I explain that she will not receive any monies after 39 weeks but she could end her employment at that time and we will pay severance but advise that she will lose out on accrued service.

I’m not looking to shortchange this employee in any way, but am not sure of what the correct/legal position is under these circumstances and want to make sure she gets her full entitlement to everything.

I hope you understand what I’ve tried to explain!

Thanks for your help in advance.