Can I work locum shifts while I'm on mat leave?

[Fedupofplaystation]

I'm a junior doctor.

Prior to mat leave, I worked locum shifts through an agency, in the hospital that I also work in for my standard job. In addition to my standard job.

I am on mat leave and receiving SMP and NHS OMP.

Can I work locum shifts while on mat leave? I'm thinking maybe one a month.

[PotteringAlong]

No. If you do you are not eligible for maternity pay.

[Fedupofplaystation]

Is that SMP, OMP or both that I'd no longer be entitled to?

Thank you.

[FunkyBoldRibena]

Once you start work, your maternity ends.

[PotteringAlong]

Both. As funky says, if you work you voluntarily end your maternity leave.

[MinceSpy]

If the agency you did the locum shifts for isn't liable to pay you smp and you employed by them in the 15th week before the baby was born then you can still work for them during your maternity leave. Workingfamilies.org.uk is a,good source of info.

[AlpacaYourThings]

Couldn't you do KIT days?

[WipsGlitter]

Kit days would only apply to her "actual" job, not her locum work.

[AlpacaYourThings]

Yes, sorry that is what I meant. Can't you do KIT days at the hospital through your normal job?

[MovingOnUpMovingOnOut]

It depends but yes, you probably can.

When you work as a locum are you self-employed or employed by the agency? If you are employed and the following applies you can: you are being paid a second lot of SMP as an employee from the agency and you do it as KIT days.

If you are working as self-employed when you are doing locum work then can, so as long as there is nothing in your employment contract restricting you working for someone else or working during maternity leave. However even if that looks ok it is worth checking the terms of your OMP in case there is anything extra in there. SMP is unaffected so long as you are working in a truly self-employed capacity.

It may be that you should have claimed a second lot of SMP from the agency so long as you meet the required criteria.

You can find more info here: www.gov.uk/government/publications/maternity-benefits-technical-guidance/maternity-benefits-technical-guidance See particularly 3.11 and 3.12 regarding working during the Maternity Pay Period (MPP) and 3.8 about claiming more than one lot of SMP.

[MovingOnUpMovingOnOut]

It is worth noting the following:

If work for an organisation that is not an employer paying you SMP and you are and employee or worker your SMP ends immediately.

If you have not given your employer the evidence for your SMP claim within 13 weeks of the start of the MPP, for whatever reason, SMP is not payable.