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AIBU?

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Original poster

Am I entitled to SMP?

44 replies

bluesk75 · 23/02/2022 12:52

Hi sorry posting for traffic as I need responses asap.

To keep it short, I went on maternity leave April 2021 and planned to take a whole year and come back to work April 2022. I got pregnant again when DC was 12 weeks old so my due date for the second baby is end of April 2022.

Now this is where it may get a bit confusing.
I told HR I was pregnant beginning of January 2022 and said I wanted to start maternity leave asap but they said the earliest I could start my second maternity leave would be the first week of February 2022. That's great for me, no problem. SMP for my first maternity leave had ended and I wanted it to start for the second maternity so that's convenient.

HR have been in contact with me basically saying they've never had a situation where someone in the company has had a successive pregnancy. They're now not sure of the rate that needs to be paid and if they need to issue me a Refuse pay form SMP1 (when you're not entitled to SMP but you can claim maternity allowance)

HR seem confused and they're faffing about so I can't exactly rely on them for correct information. Can anyone tell me why I might possibly not qualify for SMP? I've read the company policy and also been on GOV, and I 100% qualify so I'm not sure where the confusion is coming from. Any chance someone has been in a similar situation?
This is causing so much stress it's actually unreal

OP posts:
Hugasauras · 23/02/2022 12:57

I imagine this is the sticking point:

'you actually receive at least £120 (before tax) per week (April 2021 – April 2022) in earnings, on average in the eight weeks (if you are paid weekly) or two months (if you are paid monthly) up to the last pay day before the end of the 15th week before your baby is due'

Will you have earned anything during those qualifying weeks?

Hugasauras · 23/02/2022 12:58

'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'

Some good info here:
maternityaction.org.uk/advice/pregnant-during-maternity-leave/

dementedpixie · 23/02/2022 13:00

Were you getting money in weeks 17-25 of your 2nd pregnancy as that's the amount that determines your SMP. And it's 90% of that amount that you would get paid if you were on SMP at the time

Hugasauras · 23/02/2022 13:03

Have you tried this calculator?

www.gov.uk/maternity-paternity-pay-leave

Original poster
bluesk75 · 23/02/2022 13:06

I was getting SMP between weeks 17-21 but then I didn't receive anything between weeks 22-25 because my SMP ended. So does that mean I won't be entitled to SMP because there were a few weeks where I didn't earn anything?

OP posts:
Original poster
bluesk75 · 23/02/2022 13:06

[quote Hugasauras]Have you tried this calculator?

www.gov.uk/maternity-paternity-pay-leave[/quote]
Yeah I started it but then I was getting confused with dates so I left it. I'm going to try it again now thank you

OP posts:
Hugasauras · 23/02/2022 13:07

Does it average out as less than £120 a week during that time? If so, then no you won't get SMP.

You will almost certainly get maternity allowance though, which is the same as SMP minus the six weeks at 90% salary.

dementedpixie · 23/02/2022 13:09

@bluesk75

I was getting SMP between weeks 17-21 but then I didn't receive anything between weeks 22-25 because my SMP ended. So does that mean I won't be entitled to SMP because there were a few weeks where I didn't earn anything?
You need to have been earning an average of £120/week over that 8 week period to qualify.

If you had unpaid weeks then its likely you wont qualify for SMP

Original poster
bluesk75 · 23/02/2022 13:21

Oh no really🤦‍♀️ that is so annoying!

I won't bother applying for maternity allowance because I'm UC looks at that as earnings and they deduct maternity allowance from your monthly amount.
So during my first maternity leave I was receiving my UC amount PLUS SMP.
If I'm on maternity allowance it'll be UC amount MINUS maternity allowance. I can't risk it because I get my rent paid by UC so I won't even bother applying. Wow how shit

OP posts:
Fungirls · 23/02/2022 13:25

The key will be what did you earn during the 8 week period prior to the 15th week before your due date. Did you input this figure to the gov.uk calculator?

Hugasauras · 23/02/2022 13:37

@bluesk75

Oh no really🤦‍♀️ that is so annoying!

I won't bother applying for maternity allowance because I'm UC looks at that as earnings and they deduct maternity allowance from your monthly amount.
So during my first maternity leave I was receiving my UC amount PLUS SMP.
If I'm on maternity allowance it'll be UC amount MINUS maternity allowance. I can't risk it because I get my rent paid by UC so I won't even bother applying. Wow how shit

Ah that's super unfortunate Sad
BritInUS1 · 23/02/2022 13:49

Can you take holiday that you are owed first, then go back on Maternity - you still won't get SMP but will get the holiday pay

Original poster
bluesk75 · 23/02/2022 13:55

@Fungirls

The key will be what did you earn during the 8 week period prior to the 15th week before your due date. Did you input this figure to the gov.uk calculator?
Not enough because for some weeks I earned £0 as my SMP had finished by then
OP posts:
Original poster
bluesk75 · 23/02/2022 13:56

@BritInUS1

Can you take holiday that you are owed first, then go back on Maternity - you still won't get SMP but will get the holiday pay
No point because again, all it'll do is mess up my UC amount. I've accumulated enough holiday from my first maternity leave to carry it over and take it now but it just doesn't make sense in terms of money. I'll be getting the exact same amount
OP posts:
Original poster
bluesk75 · 23/02/2022 13:57

Very unfortunate that I've just missed out on SMP which I was relying on! I also wish HR would have done their research from the beginning and not tell me that I'll be getting SMP and then change the information given once I'm already on maternity leave again🙃

OP posts:
LIZS · 23/02/2022 14:01

Why would you have received nothing after 22weeks? SMP is payable until 39 weeks.

Chloemol · 23/02/2022 14:02

@bluesk75

Very unfortunate that I've just missed out on SMP which I was relying on! I also wish HR would have done their research from the beginning and not tell me that I'll be getting SMP and then change the information given once I'm already on maternity leave again🙃
What does it matter? You were pregnant, so really why are you blaming HR?
Hugasauras · 23/02/2022 14:03

@LIZS

Why would you have received nothing after 22weeks? SMP is payable until 39 weeks.
It's week 22 of her current pregnancy, which has coincided with the end of SMP.
LIZS · 23/02/2022 14:06

Ah I misread as 22 weeks into ml.

Original poster
bluesk75 · 23/02/2022 14:07

@Chloemol what are you talking about? HR have just let me know they've got their information wrong as this is the first time they're dealing with someone who's had a successive pregnancy. Should I not be able to rely on the information given by HR as that's literally what they're there for....

OP posts:
LIZS · 23/02/2022 14:17

But at 22 weeks pg/34 ML op should still have receiving SMP, or did you start ml a few weeks beforehand? You cannot blame HR though, the criteria and calculators are available online.

SmolCat · 23/02/2022 14:34

Should I not be able to rely on the information given by HR as that's literally what they're there for....
This is a common misconception. They’re there for the business, not for you.

Maybe you could have planned better and researched it first etc - but I’m assuming the pregnancy was unexpected so no. The money side of it is just one of those unfortunate things. It does suck to think one thing and then find out the opposite though, I’m sorry.

LIZS · 23/02/2022 14:36

HR can only make calculations once they have seen a MATB1 which presumably was only recently.

Original poster
bluesk75 · 23/02/2022 14:38

@SmolCat

Should I not be able to rely on the information given by HR as that's literally what they're there for.... This is a common misconception. They’re there for the business, not for you.

Maybe you could have planned better and researched it first etc - but I’m assuming the pregnancy was unexpected so no. The money side of it is just one of those unfortunate things. It does suck to think one thing and then find out the opposite though, I’m sorry.

People can't help themselves with the snarky remarks on here can they😂 keyboard warrior at it's best.

I did do my research thank you and was back and forth with HR sending them information from Gov website and the companies own policy. You're really not sorry so just cut the crap

OP posts:
cuno · 23/02/2022 14:40

You should have gone back to work when you stopped getting SMP, that way you would have been entitled to something. I guess it's too late for that now, but I don't understand why you didn't think it through earlier on. It's not HR's fault. Sorry about your situation, but it is what it is.