My employer has not paid me

[BlueButTrue]

Good morning all,

I’m hoping I can have some help

I have been off sick (pregnancy related illness so not counted the same as normal sick), for about 5 months.

My employer (was) still paying my SSP (sick pay), each month into my bank account as usual, same time as I would usually get paid my salary.

Over two weeks ago, I handed in my MATB1 form. My maternity leave started on the 17th October.

I was advised by the gentleman that I handed it to (in person), that HR Payroll would send it straight back as i would have to claim my SMP through the job centre because I hadn’t be working there long enough to receive their maternity package.

All fine there, no issues.

I assumed I hadn’t received the form back yet because this month I thought was my last sick pay payment, if you see what I mean? We get paid in arrears etc.

However, checked my bank account and 0 has been put in by them.

No money.

I’ve called and can’t get through, it keeps saying to call back later.

Where do I stand here?

My living expenses are creeping up on me and I have a home to pay for that can’t physically be paid without this money.

What’s more, I’m due to go in Friday to have my DS! I don’t need the stress.

Can anyone advise?

I would have thought that if they didn’t send the form out and I was suppose to get my SMP via Job-centre this month, that they would be liable for not sending it on time?

Many thanks

[BlueButTrue]

Bump x

[MagentaRocks]

I think if you are off sick a lot towards the end of your pregnancy you automatically go onto maternity.

[Phillipa12]

Your employers can legally start your maternity leave from 36 weeks pregnant if you have been off sick a lot.

[BlueButTrue]

But don’t they have to notify me that they’re doing this? Seems a bit off that they haven’t, and what’s more I spoke to someone in HR a few weeks ago when I handed in my MATB1 to them.

Either way, I’m 36 weeks now so I would still be owed sick pay for last month

[LIZS]

I think it is around 32 weeks that sickness can become ml, so the last 4 weeks may no longer be ssp. Presumably you need to claim ma instead now, so call and ask for the paperwork to enable you to do so. If the line is busy could you email requesting that someone call you back urgently.

[BlueButTrue]

LIZ But this is what I’m trying to say, I was still being asked for sick notes up until the 17th October, which is when my leave started.

And as I said, I saw someone from HR a few weeks ago and he said HR payroll would be sending out my SMP1 or whatever form in the post now. But I’ve yet to receive it

I thought they hadn’t sent it because they were still going to pay me. But clearly I’m wrong

[FridgeCut]

SSP is payable for 28 weeks, you haven't hit that limit have you? Mat leave can only be triggered after 36 weeks so it shouldn't be that. I'd assume a mistake has been made somewhere. Were you receiving over SSP?

[2014newme]

Have you run out of ssp?

[BlueButTrue]

Fridge I’m 36 weeks + 4 days pregnant today.

I am technically on mat leave now (starter on 17th), but they haven’t sent out my SMP1/MATB1 back to claim from Jobcentre (I’m not entitled to their company maternity pay because I haven’t been there long enough).

I assumed because they hadn’t sent it yet, that this was my last** month of sick pay

[BlueButTrue]

2014 no, I haven’t run out

[BlueButTrue]

Just to clarify, I haven’t run out of sick pay either

[OneForTheRoadThen]

Did you hand in your MATB1 too late to get SMP on time?

[BlueButTrue]

OneFor no

[ElizabethShaw]

Why aren't they paying SMP?

[MovingOnUpMovingOnOut]

If you're not entitled to SMP then you won't get it from the JobCentre either. That's Maternity Allowance and you'll have to claim it yourself. Your employer should give you an SMP1 form if you're not eligible. You'll need your MATB1 form to claim too.

I agree it sounds like a mistake has been made - the only thing you could do is to try to contact your line manager.

Enforced maternity leave is from 36 weeks LIZS.

[MovingOnUpMovingOnOut]

Contact line manager as can't get through to payroll.

[BlueButTrue]

If you're not entitled to SMP then you won't get it from the JobCentre either. That's Maternity Allowance and you'll have to claim it yourself. Your employer should give you an SMP1 form if you're not eligible. You'll need your MATB1 form to claim too

Sorry, I’ve made a tit of myself. I did mean Maternity Allowance.

But the issue is, they haven’t sent me back the SMP1 or my MATB1 to claim it yet, and I started Maternity leave on the 17th

That’s why I thought this month would be my last payment of sick pay from then, since we are paid in arrears if that makes sense?

[MovingOnUpMovingOnOut]

I'd contact the JobCentre about MA any way. Get the ball rolling while you have the time.

Then chase up your employer. Get your line manager to do the legwork if necessary.

[BlueButTrue]

Ahh, I think I’ve found the issue.

Got through to the lady in HR dealing with my things.

I was overpaid last month (didn’t realise), and so now I am receiving 0. Fuck knows what I’m going to do

My own fault really