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I'm i entitled to satutory maternity pay if I am leaving my job before my maternity leave starts?

(7 Posts)
NickyNoo32 Mon 18-Jul-11 20:50:47

I am 12 weeks pregnant (baby due Jan 2011) and I have been working for my employer (Local Authority) for 3.5 years. My contract ends March 2012. My husband has just got a promotion which means a relocation. We are planning to move in October 2011 but I am concerned that if i leave before my maternity leave kicks in i'll loose not only my enhanced maternity leave (which I am expected because i will not be able to return to work after my 2nd child/relocating) but also my satutory maternity pay.

Could someone please advise me? I'm really confused as i thought everyone was entitled to SMP but I hear that this might not be the case if i choose to leave before my mat leave officially starts?

Any advise appreciated!

FlubbaBubba Mon 18-Jul-11 21:07:45

sorry, don't know but watching with interest as am in a similar position (though my baby was really born in January 2011 - I suspect yours is due in 2012? smile)

Most LA work means you'd have to return for 13 weeks to retain your enhanced maternity pay (you can opt out of taking it), but not sure about the SMP.

SMP is only paid for 9 months though, so depending on when you're taking maternity leave from, you won't be getting anything anyway in Oct, Nov & Dec (and therefore the issue of whether or not you still live there may be defunct?)

>>disclaimer<< I'm no expert, just what I would assume.

Congratulations by the way grin

Northernlurker Mon 18-Jul-11 21:12:39

I think you won't get SMP because that's paid by your employer and you wouldn't be employed. I think you will get Maternity allowance though - which is based on your NI contributions and is actually just about the same as SMP.

flowery Mon 18-Jul-11 21:15:14

It's certainly not the case that 'everyone' is entitled to SMP. However once you meet the criteria to get SMP you get it regardless of whether you then stay employed.

So if you are still employed at 15 weeks before your due date and earn enough, you are then entitled to SMP and can then leave employment no problem and still get it. You can't start mat leave earlier than 11 weeks before your due date.

LisMcA Mon 18-Jul-11 21:17:46

You can begin your ML any time after 11 weeks before your due date. EG you are due 15th Jan 2012, weekending 30th October would be the 11th week before. So if you delayed "leaving" until then you could take you SMP and resign when it finishes I think.

Like you said I think youforfeit your enhanced ML if you do not intend to return.

flowery Mon 18-Jul-11 21:20:01

You don't need to delay leaving once you've qualified for SMP, even though you can't receive it until at least 11 weeks before. You could leave employment at 14 weeks before, then start SMP at 11 weeks before.

NickyNoo32 Mon 18-Jul-11 22:23:21


Thanks everyone for all your comments. I've never used mumsnet before but i'll definately be using it again!

In summary it looks as though I def won't get EMP but should qualify for SMP if i leave after 15 weeks before the baby is due? The SMP won't start 'paying out' as it were until 11 weeks before the baby is due.

That sounds fair. Thank you all for your help and yes baby is due 2012!! he, he- baby brain has obviously kicked in already!

Thanks Mummies!! xx

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