Getting SMP if I resign - want to be sure I'm reading this right!

[YanknCock]

From Directgov website:

'If you have the right to receive SMP, you will get it even if you decide to leave your job (or are made redundant) before you start receiving SMP. Also once you start getting it, your employer must continue to pay SMP to you even if you leave your job or are made redundant. You don't have to repay it if you decide not to go back to work or leave your job while getting SMP.'

Basically, I hate my job and didn't want to go back to it anyway. I've been on sick leave since January due to hyperemesis, SPD, and ante-natal depression. I know I could stay on the sick leave till 36 weeks, but I just want it to be over.

I'm sick of getting letters and disciplinary policies and requests for meetings. I've been in touch with the union and they say I don't have to go to meetings if I'm not well but I should let them refer me to occupational health.

This morning was the last straw. I got a letter saying they are coming to my house next week to 'see how they can support me'. It's such bullshit, they just want to figure out how to get rid of me. I'm not stupid.

It upset me so much I ended up throwing up six times and have been crying all morning. DH made me call the social worker, and she is going to call my boss and tell them I'm too unwell for these meetings. I've said I want to quit and she wants me to make sure that I'll be able to get SMP before I do it.

Sooo.....
I will be 25 weeks the week of 10th May. I have to give a months notice (and so would they). If I gave notice today, I would technically still be employed by them when I am 25 weeks, and therefore meet the criteria for SMP (been there since mid October). In light of what it says on Directgov, I should get SMP even if I give my months notice right now, right?

I tried phoning ACAS, but they said they couldn't give advice on maternity pay. Hoping someone here knows or has been in same situation.

[flowerybeanbag]

Sorry you're having such a rough time.

Firstly if you are pregnant and off sick with pregnancy-related illness I very much doubt they are even thinking of getting rid of you. That would be unbelieveably foolish of them. Similarly, you can't be disciplined for pregnancy-related sickness absence, that's sex discrimination.

However, if you want to leave, if you are still employed at 25 weeks pregnant, and meet the other conditions, you will be entitled to SMP, yes. I would leave it at least a week to make doubly sure of the dates though.

If you have been off sick since January are you getting paid? SMP is worked out based on your average earnings during weeks 17 - 25 of your pregnancy, so if you are not being paid enough during that time you won't qualify anyway.

[trixymalixy]

If you stop work during or after the qualifying week If your employment ends during or after the qualifying week you can still qualify for SMP from your former employer.

[YanknCock]

I'm still getting paid. Because I've had four years previous service in the NHS, I'm entitled to five months full pay. I had time off in December too (but due to flu), so I estimate that my full sick pay should end around mid-May. Then I could be on half pay for five months.

Initially my boss wrote and said I only had 1 month sick pay and two months half, but I wrote back and quoted the NHS handbook at her. They're still paying me full, so HR/payroll must know she's in the wrong too.

I did write and tell them I knew it was discriminatory to discipline me for pregnancy related illness. Sent along the government leaflet about it as well. It doesn't matter, they could try to make it all about the absences before I was pregnant.

I don't know if it's the depression making me paranoid or what, but I'm dead certain they are looking for an angle to get rid of me, and I just don't care enough about this job to fight. I just want to leave and get the SMP. I don't know how I'll get a job again, they'll probably refuse me a reference.

[flowerybeanbag]

Well I think you are probably being a bit paranoid if I'm honest. There is no 'angle' to get rid of a pregnant woman off sick with pregnancy-related illness, unless there's some major gross misconduct issue or something completely unrelated. Just being off sick during pregnancy isn't a reason to want to get rid of someone, so I'm assuming there's more to it to make you think they want rid of you. I'm not asking for details obviously, that's just my observation. A home visit to see about support is standard, and is probably an automatic thing. There's nothing sinister about it.

Of course depending on their sickness absence policy they can potentially discipline you for sickness absence prior to your pregnancy, but if they haven't done so already, disciplining you suddenly now for sickness absence that took place 6 months ago isn't reasonable, so you could perfectly legitimately appeal any warning given for that at this point.

But you do sound unhappy, so if you don't want to be there anymore then you can safely resign in a week or two and get your SMP.

[YanknCock]

My suspicion is that they're not terribly pleased with the fact that I essentially only worked 1.5 months (starting in mid-October) and haven't been back since.

I had one day off for suspected food poisoning/diarrhoea. Then I had about 2.5 days off, due to a rotten cold (always get those when you start in a new place that is open plan I think). Then in December I was working in a hospital and picked up really bad flu. I ended up in A&E because I couldn't breathe. I was gone two weeks (had a sick note), tried to come back for a day and was still too sick. Another sick note for two weeks and then I'd booked time off for my wedding/honeymoon.

In the midst of all that, found out I was pregnant, which was really scary due to having a miscarriage 3 months before. Barely made it through wedding, and honeymoon was ruined with morning sickness and fatigue. By the time we got back (mid-January) I was so sick and depressed that the GP signed me off. And been that way ever since.

Since there were technically four separate instances of absence before I was pregnant, that triggers some kind of policy. I get that. But I don't see the point of them trying to discipline me now while I'm off sick. If they really wanted to 'support' me, they'd take the sick notes as read and leave me alone!

They weren't bothered about giving me/making me sign my contract before Christmas. Then suddenly it's imperative in February? And comes with copies of the dispute, disciplinary, and managing attendance policies? And the repeated letters, and insisting I come for meeting with my boss, her boss, and HR? I told them my mobility problems made it hard for me to get there, so they want to invade my house just to gawp at me and have a little judge about whether I'm making it all up? If it's for support and not discipline, then why advise me that I can have a union rep there?

Union said they should get occupational health's advice first anyway, and that I shouldn't meet with them if I'm too unwell.

I know I sound paranoid and angry. Thank you for reading this and helping, I really do appreciate it and I just feel so rotten.

[alexapav]

hi,i have ask for my smp to start on 20 march and my employer told me that they will pay me smp,but is almoust 2 months now and i dont receive no payment,is taking that long for paper work?