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Redundancy notice just before I go on mat leave - OMP or SMP?

(29 Posts)
Spudoolickay Wed 03-Apr-13 10:39:05

Hi All,
After the current consultation period it is likely that I will be made redundant in May. I will then (^I think^) be given 8 weeks notice, during which time I am due to start my maternity leave.

I am repeatedly asking HR what happens wrt my maternity leave payments and I have had several unclear replies (possibly because they aren't clear what I am asking). The gist of the replies seems to be that whilst I would qualify for SMP, I would not qualify for OMP. Obviously there's a significant difference since OMP would assure me a full 'salary' for 4 months, whilst SMP is around one quarter of that salary.

They say that I would not be an active employee so would not qualify for OMP, but in fact I would be still working for the company (albeit working my notice) for several more weeks.

If they are correct then this seems very unfair, since I am unable to find alternative employment, and would still be officially working for the company for 2 weeks after the birth of my baby, during which time - if I weren't pregnant and going on maternity leave - I would have been getting a full salary!

Does anyone have any experience or advice on what seems to be a very grey area?

prettybird Wed 03-Apr-13 15:35:22

That link says it is 28 days - so if you put the request in now, it will be in advance of the (expected) redundancy date.

prettybird Wed 03-Apr-13 15:57:07

....but you should need to do that: this is from the ACAS Fact Sheet

^"Myth: If I make a pregnant employee redundant, I don’t have
to pay them maternity pay as well.^

If a pregnant employee qualifies for statutory maternity pay and is made
redundant before going on maternity leave but after the beginning of he
15th week before the baby is due, you will need to pay her statutory
maternity pay (SMP) as well as any redundancy payment. Remember you are reimbursed by the government for the SMP.

If your company has a maternity policy which offers additional contractual maternity pay this would end when the contract ends unless you agree otherwise. "

sarahtigh Wed 03-Apr-13 22:36:21

you are it appears past week 25 of your pregnancy so you will still get your SMP for 39 weeks when it starts does depend on your redundancy but they have to pay your SMP now regardless

Spudoolickay Thu 04-Apr-13 08:44:04

Thanks all. The fact I'll get SMP isn't in dispute - they have said I will get that. It's the OMP I am querying. But also if I ONLY get SMP whilst I am still an employee then I will be worse off than if I wasn't pregnant, iyswim.

Plus I haven't looked into benefit entitlements so I don't know if I'll be worse off for getting SMP than I would be if I claimed benefits (or even if I'm entitled to any benefits). But I guess that's a whole other thread.

Really appreciate all the advice - I am contacting the union today .

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