Where to start....
I work for the NHS, as a staff nurse, which has an occupational maternity scheme.
Until Jan 2007, I worked 30 hours per week. Weekly income well over SMP threshold.
In Jan 2007 my working hours reduced to 5 hours per week. Weekly income well UNDER SMP threshold.
I am due to give birth in Sept '07.
The situation I am faced with is:
- Do not qualify for SMP (earn too little)
- Do qualify for Maternity Allowance, which based on best earnings in last 66 weeks will pay me for 39 weeks (£112 per week). TOTAL £4368
However, I am also entitled to Occupational Maternity Scheme, which is:
-Full pay for 8 weeks (£50 per week)
-Half pay for 18 weeks (25 per week)
TOTAL £850
BUT by receiving Occupational Maternity Pay, I lose my entitlement to Maternity Allowance. This means that as I am not entitled to SMP, I will also only be paid maternity leave of 26 weeks, not 39.
In addition, receiving Occupational Maternity Pay OBLIGATES ME to return for 3 months, which I am not sure I want to do.
I approached my employers regarding declining Occupational Maternity Pay, and they are not sure if they can NOT pay it.
My questions are:
-Can I be legally forced to receive the NHS Maternity Scheme when, in turn, it OBLIGATES me to return?
-Would declining the Occupational Maternity Pay scheme affect my ability to claim Maternity Allowance (Nothing on the web to suggest this, but lady on JobcentrePlus helpline 'sniffed' about being looked down on for 'deliberately accessing public funds!')
-If I DO take Occupational Mat Pay, where does that leave me with regards the last 13 weeks when I would not be paid a penny?
Sorry to ramble, but as you can see, the difference between £850 and £4350 is huge! Also, I can't see the sense in accepting a loss of £3500 (Equivilant to 1 year & 18 week's salary) which will in turn force me to return to work.
On the other hand, I don't want to be forced to make a decision and resign from work when I don't know that that is what I want, and we will need some income after maternity leave.
If any one can shed some light, I would be very grateful. I am nearly 22 weeks, so time desperately short!!
Louise & bump (21+5)