To think SOMEONE should be able to give me an answer!

[Notimefortossers]

Hiya,

I did post this in another topic (forget which one) but got no response so posting here for traffic really.

My son is 10 months old so I only finished receiving maternity pay last month and went back to work. I was on Maternity Allowance as I had not been working for my employer for long enough to get Statutory Maternity Pay.

I am now 22 weeks pregnant and due to go back on maternity leave again in March, if I make it I will have worked for 6 months before going on leave again.

I know with SMP you are still classed as employed whilst in receipt, but is that the same for MA? Was I still technically employed whilst I was on leave? All the rules regarding Keeping in Touch days etc are the same. If I was still technically employed, then that means I have been working for my employer since July 14 and therefore qualify for SMP. If not, then I started working for them again October 15 and would need MA again?

I rang MA DWP and they said they didn't know! Ha!

My employer is a relatively new company with not many staff and has never had anyone on maternity before so she doesn't know either!

I'll need to apply next month . . . literally don't know what to do!

The gov.uk website says you count as employed for SMP purposes if, you took a period of statutory maternity leave, or you did not take maternity leave but we're not working because you had a break to give birth, you worked for your employer before and after the break, and the break is not more than 26 weeks.

Does that help?

Thank you. The break was longer than 26 weeks, I took the full 9 months that Maternity Allowance pays for . . . so that means I did not count as employed then?

I can see this being a nightmare as if MA DWP didn't even know the answer they will probably dispute it!

It says here that you are entitled to SMP (you need to click on the continuous link on this page to fully appreciate it)

www.gov.uk/employers-maternity-pay-leave/eligibility-and-proof-of-pregnancy

There is a difference between getting MA as a self-employed person and an employed person which was probably what confused the DWP.

Thank you. Which link do I click on that applies to my situation?

Thanks I found it! You're a star!