To think SOMEONE should be able to give me an answer!

[Notimefortossers]

Hiya,

I did post this in another topic (forget which one) but got no response so posting here for traffic really.

My son is 10 months old so I only finished receiving maternity pay last month and went back to work. I was on Maternity Allowance as I had not been working for my employer for long enough to get Statutory Maternity Pay.

I am now 22 weeks pregnant and due to go back on maternity leave again in March, if I make it I will have worked for 6 months before going on leave again.

I know with SMP you are still classed as employed whilst in receipt, but is that the same for MA? Was I still technically employed whilst I was on leave? All the rules regarding Keeping in Touch days etc are the same. If I was still technically employed, then that means I have been working for my employer since July 14 and therefore qualify for SMP. If not, then I started working for them again October 15 and would need MA again?

I rang MA DWP and they said they didn't know! Ha!

My employer is a relatively new company with not many staff and has never had anyone on maternity before so she doesn't know either!

I'll need to apply next month . . . literally don't know what to do!

[AnchorDownDeepBreath]

The gov.uk website says you count as employed for SMP purposes if, you took a period of statutory maternity leave, or you did not take maternity leave but we're not working because you had a break to give birth, you worked for your employer before and after the break, and the break is not more than 26 weeks.

Does that help?

[Notimefortossers]

Thank you. The break was longer than 26 weeks, I took the full 9 months that Maternity Allowance pays for . . . so that means I did not count as employed then?

I can see this being a nightmare as if MA DWP didn't even know the answer they will probably dispute it!

[Karoleann]

It says here that you are entitled to SMP (you need to click on the continuous link on this page to fully appreciate it)

//www.gov.uk/employers-maternity-pay-leave/eligibility-and-proof-of-pregnancy

There is a difference between getting MA as a self-employed person and an employed person which was probably what confused the DWP.

[Notimefortossers]

Thank you. Which link do I click on that applies to my situation?

[Notimefortossers]

Thanks I found it! You're a star!