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Employer & Mat Leave

10 replies

awayshethrows · 10/12/2024 12:36

Hello,

Would he better in the work category but was hoping for some quick responses.

I'm 30 weeks and have been off since 19 weeks with PGP, on SSP. Not entitled to SMP through employer due to the dates, had I been working for them directly would have been fine but was originally working through an agency.

This means I'll need to apply for Mat Allowance. As I'm employed, I'll need proof from the employer that they cannot pay SMP for my Mat Allowance application. I'm yet to apply as I've not had a decision from my employer about SMP.

Id requested to go on Mat leave from 9th December, meaning id stop receiving SSP and there would likely be a gap between this and receiving mat allowance which can take months to process I've heard.

They're yet to respond to my request for leave from the 9th December, so I've just asked my GP provide me with a sick note again.

Is there anything I can do in terms of getting the mat allowance application going?

OP posts:
PickledPurplePickle · 10/12/2024 12:40

Chase your employer for the decision on SMP - it shouldn’t take them long, explain why you need to know

Then get your MA application in ASAP

autumnbake · 10/12/2024 12:46

Sorry I can't be much help, but I'm self employed and recently applied for Maternity Allowance as i'm 30 weeks too.

Have you downloaded and filled out all the forms for MA? Make sure you have it ready to send off ASAP when you get your decision back from your employer (make sure you chase them everyday).

I sent off my MA application first class signed for on 21st November, got a text the next day saying they'd received my application, and would contact me within 4 weeks with a decision. It took less than 2 weeks! I heard back on the 3rd, so hopefully means your application will be a bit quicker too.

They sent another letter asking me to confirm when I want to take my maternity leave (even though they already asked this is on the first form), so i sent that back yesterday and waiting to hear back again now.

awayshethrows · 10/12/2024 13:20

Thanks @PickledPurplePickle

I believe they have 28 days to get back to me and I don't think I've provided them with sufficient notice as obviously the date I requested to go on leave has now passed so not sure where to go from here.

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awayshethrows · 10/12/2024 13:49

@autumnbake that's great insight thank you!

I haven't started to fill any forms as of yet, will get started today. I've collated payslips etc.

Didn't realise they needed to be physically sent off either!

OP posts:
awayshethrows · 13/12/2024 15:36

Hopeful bump?Blush

I've tried to email & call employer for a decision and no response. Also tried Maternity Action line and DWP for advice but can't get through.

Does anyone know if I make the claim without the SMP1 from the employer whether they'll throw it out?

OP posts:
dementedpixie · 13/12/2024 15:39

I wonder if you can start the claim and send in the SMP1 when it becomes available.

awayshethrows · 13/12/2024 16:48

@dementedpixie I did wonder this, apparently the line for MA through the DWP is closed so not able to ask.

I've got everything ready to go but unable to post yet

OP posts:
dementedpixie · 13/12/2024 17:06

https://maternityaction.org.uk/advice/maternity-pay-questions/

This says

What can I do if my employer is not providing an SMP1 form?

If your employer has not provided an SMP1 form or delays, you can contact HMRC Statutory Payments Disputes Team on 0300 322 9422 and they will issue an SMP1. Do not delay claiming Maternity Allowance while you are waiting for an SMP1 form. You can send the SMP1 form later. See below for more on Maternity Allowance.

Maternity pay questions - Maternity Action

  March 2024   You may be entitled to maternity pay if you are employed or self-employed, even if you only work a few hours a week, or if you have left your job or changed jobs.  You do not need to be currently employed to qualify for SMP or Maternity...

https://maternityaction.org.uk/advice/maternity-pay-questions

awayshethrows · 13/12/2024 17:07

Thank you so much, I'm not quite sure how I missed that on my searchBlush

OP posts:
awayshethrows · 08/01/2025 13:18

Hi all,

Managed to get a letter in place of the SMP1 from the HMRC statutory disputes team.

I'm yet to receive a response from my employer regarding maternity leave (rather than pay) can anyone advise next steps please?

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