NHS overall or individual trust for "continuous employment" for mat pay

[MildredH]

Hello!

I'm a hospital doctor in the NHS- due to start mat leave next week.

Just received two letters from payroll. One confirming my occupational mat pay, another saying I won't get statutory mat pay once occ runs out and that I can apply for mat allowance.

The reason they've ticked is that I haven't been employed long enough. I've been with the NHS continuously since Aug 2010 and this trust since Aug 2012. The only thing I can think ( aside from hoping its a mistake!) is that I did a 4 month rotation at a nearby hosp that was not part of the same trust which ended just as I fell pregnant.

This was part of my 2 year training contract though. Also, surely if its not counted as "continuous" then I shouldn't qualify for the occupational part?

They advised me that in terms of returning to work- ANY nhs role counts as the same employer so am really hoping this is an admin error. Frustratingly I opened it after payroll had gone home so can't check til tomo.

Any advice to prevent a sleepless night?

Thanks & sorry it's a bit rambly.. Panicking about potential poverty! X

[BetterWithCheese]

Oh dear, I really hope it's a mistake as I'm due to start new job in new Trust about a week before I go on mat leave! I'd always thought it was just about continuous service in NHS as whole, not individual trusts.

[redastra]

Congratulations on your upcoming arrivals!

Whereabouts are you? It should be the NHS as a whole. If the 4 month job was part of your training programme then your contract should reflect that. You will have to provide NHS payslips to prove that there has been no break in your service! I would also contact your union for advice!

Good luck

[MildredH]

Argh. Reading through all my paperwork, although I was contracted to the same trust it's the trust who pay your NI that counts and for the 4 months I was paid by a different trust.

However, I still qualify for OMP but instead of SMP from the trust I'll get MA from the job centre.

I'm struggling to see what difference it will make.. The amounts for SMP/MA seem to me to be the same?

[flowery]

They are the same except the first 6 weeks, which presumably won't affect you anyway due to your OMP?

[GoAndAskDaddy]

I'm sure that's a mistake! I was asked recently by HR about length of service for an annual leave calculation & that was from all trusts so would have thought similar?

[BetterWithCheese]

I just found this which means that like you I won't be eligible for SMP.

Just checked though and SMP and MA are paid at same rate, it's just the first six weeks which are affected but I think the NHS mat pay arrangements supersede this anyway as they pay 90% for 8 weeks? Gah-so confusing!

[BetterWithCheese]

Sorry went off and had tea before posting so lots of cross-posts. I think it won't make any difference.

[Delayingtactic]

I had this. I think I got MA but it didn't make a blind bit of difference as it was exactly the same as SMP.

[MildredH]

Thank you for all replies.. I think this is prob right. So I will have to claim mat allowance rather than SMP.

Hopefully will work out the same as its what we've based our sums on! Only thing I guess is hassle of applying for it and claiming separately..

[BetsyBoop]

Different circumstances for me (didn't qualifyfor SMP due to unpaid leave at the wrong time, but still got OMP - and not NHS) but I ended up better off as got the MA in addition to the OMP, where if I'd have got SMP it would have been paid but also deducted from my OMP payment. :)

[MildredH]

Betsy- when did you start getting the MA?

On the paperwork it says you can apply from 11wks before EWC.

My OMP is 8 wk full, 8 wk half plus SMP. Any idea if i can get the MA in place of the SMP bit?

It's all quite confusing..

[BetsyBoop]

If memory served me right(it was 8yrs ago and rules mayhave changed in that time) you can't be working and get MA, so it can only start on or after your ML starts and it has to start once baby is born (same as smp rules) and it has to start in a Monday (or is it a sun, I forget) but other than that you can chose the dates.

I would expect you to get MA on top of your full pay and then as a top up to your half pay. ( work don't know when/if you get MA as it's nothing to do with them. )

[BetsyBoop]

this gives you all the rules.

[MildredH]

Thanks Betsy- that's really helpful. It would be super if I got both!

HR have confirmed today that its not a mistake- I'm not entitled to SMP due to the 4 month rotation at a different trust.