SMP and changing employer after 15th week before due date

[BarStoolLona]

I wonder if anyone can help me with a question. Sorry if this has been asked and answered before but have been searching and can't find the answer...

I'm 30 weeks preg with DC2 and currently working in a fixed term contract for one employer. I meet the criteria for 6 weeks at 90% etc with them. I'm going for a second interview with another employer this week, it's a better job for me - permanent job, lower grade, fewer responsibilities, more family friendly which is exactly what i'd be looking for after mat leave - they are completely aware i'm pregnant, have been totally honest with them about it and how far along. I'm really not sure if they offer me the job and I can start with them before I start mat leave can I still claim SMP from the previous employer or would that be the end of that and i'd claim maternity allowance? Would appreciate any help on this one.

[Grevling]

No, if you leave you don't get SMP from first employer and only MA instead from second.

What you could do is make second employer job start at end of mat leave and stay with old employer until then.

[IzziesMummy]

Sorry Grevling, but don't think that's right. I did exactly this - I started a new job when I was 27 weeks pregnant and was entitled to SMP from my old employer. My new employer did not have to pay me anything, but did have to allow me to take up to 52weeks maternity leave.

If you meet the statutory criteria for SMP from your first employer then you will still get it from the first employer. As you're already 30weeks pregnant, SMP will become payable as soon as you leave (as that's 11weeks or less before your EDD).

However, if your original employer offers any enhanced or contractual maternity pay, then you won't be entitled to that once you leave.

If you start work for a new employer before your baby is born, then your SMP from your original employer is not affected. However, if you start work for a new employer after your baby is born, then it will stop being payable (ie. if you do get this new job you'll be ok if you start working for them before the baby is born - even if only for one or two weeks - but if you start working for the new employer after your baby is born, but before your 39weeks of SMP is up, then your entitlement to SMP will stop even if you've not had the full 39 weeks worth.

There's some useful information on www.direct.gov.uk/en/MoneyTaxAndBenefits/BenefitsTaxCreditsAndOtherSupport/Expectingorbringingupchildren/DG_10018741

[flowery]

What izziesmummy said. Once you've met the criteria for SMP you get it regardless of whether you then leave employment with that employer.

[BarStoolLona]

Thanks so much for the responses, you've really helped.

So, i'm making from this that I would let current employer know that i'm leaving and then start with new employer but let current employer know that I want SMP to start from 5 or 6 weeks later.

[Grevling]

Opps my mistake.

[Mum2BeSoonAndICantWait]

I know this is an old thread, but if any of you are still reading....

IzziesMummy, do I read this correctly? I qualify for SMP from employer A, then start a new job with employer B before the baby is born. I plan to take less than 6 months maternity leave. Does employer A need to keep paying me SMP for the full 39 weeks, even if I go back to work after 20?

[NewYearsRevolution]

You might be better starting your own thread, but to answer your question...

If you qualify for SMP from employer A and then move jobs (say at 35 weeks pregnant) employer A will pay your SMP. However, they will only pay it until you go back to work. You can't return to work with employer B after 20 weeks and still continue being paid SMP from employer A.

Put simply - you don't get SMP if you aren't on maternity leave.

[Mum2BeSoonAndICantWait]

That's what I thought, but then I read the comment above and I thought 'hang on a sec!'. My understanding is that the only way I could claim SMP from one employer while working for another was if I was working for both during my QW. Which I won't be. That solves that!

[NewYearsRevolution]

I think what Izzy was referring to was whether you had any time actually working for employer B before maternity leave. So say you stay with employer A until 32 weeks. It doesn't matter whether you go and work for employer B for 3 weeks and then start maternity leave, or whether you go straight onto maternity leave and don't do any work for employer B. Either way, employer A still pays your SMP. Starting work with employer B before the baby doesn't affect your SMP, but going back to work with employer B after the baby will bring SMP to an end.

Does that make sense?

[Mum2BeSoonAndICantWait]

Yep, perfect sense. Thanks!