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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

Maternity leave dilemma

129 replies

chineybumps · 05/01/2022 17:01

Posting on AIBU because I have less than a week to tell my company that I'm pregnant yet again.

I've been on maternity leave since April 2021 and will be taking the full year. I had only been with the company since August 2020 so I only qualified for SMP and not the company's maternity sceme.

I'm pregnant again and will be due at the end of April so will be going straight on maternity leave again. This time I qualify for the company's maternity scheme which I've copied and pasted below.

• 8 weeks at 100% of your normal pay
• 8 weeks of Statutory Maternity Pay topped up to 50% of your average weekly
earnings if this is higher
• 23 weeks of statutory maternity pay
• The remaining 13 weeks would be taken as unpaid leave

I plan to leave work once my second maternity leave ends. I'm more than happy to just receive SMP from the beginning (it's really not much different from their policy anyway) as I don't want to have to pay any money back when I want to leave.

Now my question is, can I let them know this when I send them my MATB1 form letting them know I'm pregnant? I have to outline when I plan to go on maternity leave so in this email can I just say something like, 'Can I receive SMP from the beginning of my leave as opposed to the company's policy as I may consider leaving upon my return?' Or is it best not to mention leaving?

I recently saw a post saying a woman mentioned leaving before she started her maternity leave and her work paid her SMP in one huge chunk just so they could take her off their payroll and she got taxed MASSIVELY.

The other option is that I take the enhanced pay and take the annual leave I would have accumulated from 2020-2021 and 2021-2022 once my second maternity leave ends and use that to technically 'work' instead of paying the company back.

I've just read that back and I'm so confused so I hope others can understand my predicament😭 please help! What do I do?!

OP posts:
MadeForThis · 05/01/2022 18:22

What did you earn during your qualifying weeks?

Original poster
chineybumps · 05/01/2022 18:25

@pollyparrot45

Can't you just take the maternity package you're entitled to & save the money that's in excess of SMP and then you'll have it available to return to them should you leave?
This is a good suggestion. I'd be more than happy to put the money away to then pay it back to them. I guess I need to find a way to speak to a person in HR and get my questions answered. That way I can make an educated decision!
OP posts:
KiloWhat · 05/01/2022 18:26

Absolutely do NOT tell them you are planning on leaving. Anything could happen meaning you need to return to the job.

JMPB · 05/01/2022 18:28

I agree with @HippeePrincess if you have only had SMP on the qualifying weeks then that’s all you may be entitled to.
For example my workplace work out your maternity pay from what you earned weeks 16-24 of your pregnancy then average it out so overtime etc is taken into account. If you haven’t had your wage in weeks they use, you may not be entitled to anything x

Original poster
chineybumps · 05/01/2022 18:29

Omg... DUH

@HippeePrincess why did I not realise that 8 weeks at 100% is £0. I just assumed it meant I'd be paid 8 weeks of my standard salary without any overtime or anything. Is that not the case then?
I'm sure I'll qualify for SMP at the very least though no?

This is the clearest thing it says,
'Successive Pregnancies
An employee who whilst on maternity leave discovers that she is pregnant again will need to satisfy the HMRC qualification rules if she is to receive any further entitlement to SMP or Maternity Allowance (she will however be entitled to take maternity leave providing that notice requirements are met)'

I've also tried to find the HMRC qualifications but honestly haven't been able too! Argh this is way more complicated than I thought

OP posts:
Bluehasnoclue · 05/01/2022 18:33

In terms of your holiday they have to let you carry it over, they can’t allow you to ‘lose’ it, this would be discriminatory. It is a bit tricky with you planning to be on mat leave back to back, so potentially if it’s not too late (you usually have to give enough notice to return early), you might want to return a bit earlier than April & then take your annual leave from 2021 before your next mat leave. I hope this makes sense :)

altforvarmt · 05/01/2022 18:33

I would definitely recommend finding out your company's rules for qualifying for additional maternity pay.

In some companies, you only need to 'return' for 3 months, but can use your accrued annual leave, so barely need to return at all in order to keep the pay.

In others, you need to actually return to work for 3 or 6 months. It all depends on what your company has in its policy.

Original poster
chineybumps · 05/01/2022 18:34

This is what my policy says,

'To qualify to receive SMP, pregnant employees must:
▪ Have 26 or more weeks’ continuous service with the Company (irrespective of hours worked) by the end of the Qualifying Week (the 15th week before the EWC);
▪ Have at least average weekly earnings equal to the lower earnings limit for the payment of Class 1 National Insurance Contributions (NICs) in the eight-week period up to and including the Qualifying Week;'

So according to the second point, I wouldn't be able to receive SMP?! I don't even know what it means but I know for the past 8 weeks I've earned £0 except from SMP soConfused I'm so confused I assumed this was all so straight forward

OP posts:
1224boom · 05/01/2022 18:37

Personally I think you would be silly to hand in your notice as you don't know what could happen in the next year. You could put it aside I think that's much safer - I think it's better to be on maternity leave than unemployed for lots of reasons.

Pugroll · 05/01/2022 18:37

@chineybumps

This is what my policy says,

'To qualify to receive SMP, pregnant employees must:
▪ Have 26 or more weeks’ continuous service with the Company (irrespective of hours worked) by the end of the Qualifying Week (the 15th week before the EWC);
▪ Have at least average weekly earnings equal to the lower earnings limit for the payment of Class 1 National Insurance Contributions (NICs) in the eight-week period up to and including the Qualifying Week;'

So according to the second point, I wouldn't be able to receive SMP?! I don't even know what it means but I know for the past 8 weeks I've earned £0 except from SMP soConfused I'm so confused I assumed this was all so straight forward

It's baffling you didn't look into this earlier, but here we are. You need to have earnt at least £120 a week, as you haven't you won't be eligible. You might be able to get MA, to be honest if you know you definitely aren't going back you might be better leaving and claiming what you can on UC etc- although if you leave voluntarily not sure if you can. You need some proper advice, to be honest I'd speak to your HR and CAB.
Original poster
chineybumps · 05/01/2022 18:38

@Bluehasnoclue ahh thank you. However I have to give work 8 weeks notice if I want to come back earlier and this would take me to early March. If I go back early March it'd only be 5 weeks before my new maternity leave starts. Unless I push that right back to near my due date but that's just not possible

@altforvarmt thank you for this. I'm so happy I posted now, I didn't know I needed all this information at all🤦‍♀️

OP posts:
KiloWhat · 05/01/2022 18:38

It's all about that qualifying week unfortunately

Danikm151 · 05/01/2022 18:38

Take your leave and keep aside the extra. Then resign and pay back what you owe straight away?
You may change your mind and decide to stay

1224boom · 05/01/2022 18:40

First step I would tell HR you are pregnant and want to start mat leave on 4th and see what they come back with. I think it's risky to hand your notice in now. I was offered a settlement when I went back pregnant from maternity leave so worked well
For me.

Starcaller · 05/01/2022 18:41

See here:

maternityaction.org.uk/advice/pregnant-during-maternity-leave/

Relevant bit:

I am on unpaid leave during most of the calculation period so I don’t think I will get any maternity pay?
If the calculation period falls during all or part of the last 13 weeks of your unpaid maternity leave or your average earnings are below £120 per week (April 2021 – April 2022) you will not quality for SMP. If you do not qualify for SMP, your employer must give you form SMP1 explaining why you do not qualify and you can apply for Maternity Allowance, see below.

TragoCardboardCopper · 05/01/2022 18:41

OP this seems a pretty comprehensive guide. Basically if you're on the unpaid bit of your maternity leave during the period that will be used to calculate your earnings for your second maternity leave, then you won't qualify for SMP and will need to apply for maternity allowance instead.

maternityaction.org.uk/advice/pregnant-during-maternity-leave/

I definitely wouldn't tell them you're leaving until you absolutely have to. Anything could happen in the next year, you might need to go back for some reason.

TheSnowyOwl · 05/01/2022 18:41

What’s your due date?

Also, regardless of what your employer says, you are entitled to your annual leave (either a lump sum payment or carried over). When does your holiday leave start?

Original poster
chineybumps · 05/01/2022 18:42

@Pugroll I've been asking my line manager questions since September! He never gets back to me and I literally have to hunt him down. He's also new so it's always 'I'll get back to you,' 'I'll find out and let you know.' It's hard to chase up when looking after DD.

However, if I was to work for maybe 2-4 weeks and take 4 weeks annual leave, I'd then be able to qualify for SMP. I'll have to check the qualifying week and everything else but it seems I may be able to do that

OP posts:
RoseAndRose · 05/01/2022 18:42

your maternity pay is calucuiated on what you were actually paid in the qualifying weeks.

If you were on SMP or in the unpaid weeks during the qualifying period, then you won't get more than SMP this time either. Because there are no earnings during that period.

Chloemol · 05/01/2022 18:44

I wouldn’t mention leaving. I would just say you are pregnant, take what’s offered, then see what happens

Not being funny but if, god forbid, something happens, then you have shown you are not committed by saying you will be leaving now, and may find attitudes change towards you if you do need to go back.

You can’t predict the future, what happens if your partner loses theu4 job and you then need to work?

Annexlife · 05/01/2022 18:45

Don't tell them, they are your employer not your friend and you have to protect your best interests, the same way they will. Lots can change both for you and them while you are on maternity leave. You have mentioned they are a large company, so don't feel obligated, they can deal.

Blueroses99 · 05/01/2022 18:45

When is your due date? This will determine the ‘expected week of childbirth’ (EWC) or week 40. SMP is an average of what you earned in weeks 18-25 inclusive, if you earned over the minimum (£120 per week as the the Class 1 national insurance level).

TheSnowyOwl · 05/01/2022 18:52

[quote chineybumps]@Pugroll I've been asking my line manager questions since September! He never gets back to me and I literally have to hunt him down. He's also new so it's always 'I'll get back to you,' 'I'll find out and let you know.' It's hard to chase up when looking after DD.

However, if I was to work for maybe 2-4 weeks and take 4 weeks annual leave, I'd then be able to qualify for SMP. I'll have to check the qualifying week and everything else but it seems I may be able to do that[/quote]
You have to earn during your qualifying weeks. Usually most women who take back to back maternity leaves struggle to earn during this period.

Asiama · 05/01/2022 18:56

OP I am reading your policy differently to most of the people in here. The way I read it during the first 16 weeks the company will top up your SMP to be at 100% or 50% of your salary pre mat leave. So if SMP is 0, they will have to pay a big top up. I think you need to find out what the definition of "normal pay" is.

Original poster
chineybumps · 05/01/2022 18:57

So the earliest I can take maternity leave is the beginning of the 11th week before the EWC which would be 31st Jan (EWC is 24/04) but 39 weeks of my current SMP would run out 28th Jan. That leaves me 3 days where I wouldn't be paid any SMP. Would I then qualify for new SMP based on the fact that in the qualifying week, I was already on SMP?

Someone pls help me arghh!!!

OP posts: