Am I entitled to SMP?

[bluesk75]

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

@LIZS

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.

@LIZS so this is what I was going back and forth about with HR. You're absolutely correct because as you said, you get paid for the first 39 weeks right. I'm not sure what happened/where it went wrong but I went on maternity leave April 4th 2021. 39 weeks takes me to January 2nd 2022. I was expecting my last SMP on January 7th however it never came.... I'm not sure if something was processed incorrectly (or maybe because I get paid 4 weekly instead of monthly?) but I'm still trying to figure out how I didn't manage to qualify for SMP this time round when I worked it out that I should do

I'm not blaming HR ffs are people unable to get past that comment or something. I'm saying I wish HR would have got their facts right from the beginning as I've had communication from different people. One saying this, one saying that and contradicting what the other has said. Now coming back to me to say oh this is what it is. It's not difficult to understand how frustrating that is

I also tried to get back to work and gave them 8 weeks notice but because my Line Manager never passed on me wanting to come back early. It wasn't processed on the system as HR wasn't aware. The company has terrible communication and that's what I'm annoyed at

I think SMP is paid in advance so you would have received 39th week at end December/beginning of January.

Sounds as if it would be worth checking what you have received is correct - if they have messed up your payments during your first mat leave, then you might be entitled to SMP this time - but no-one can tell without all the details (not asking you to tell us- just saying).

The 8 weeks notice would have sufficed, they couldn't have refused your early return when you gave 8 weeks notice. Doesn't matter if it wasn't processed on the system or whatever, you would have been able to turn up for work. It's discriminatory to not allow you to return to work when you gave 8 weeks notice.

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

Wow.

I said it sucks and that I was sorry and that you couldn’t really help the situation if the pregnancy was unexpected. Definitely wasn’t being snarky or a ‘keyboard warrior’.

It sounds like you’re feeling defensive, upset and looking for a fight. I’m not here for it. You do you.

Can you check what you were paid on the 9th April, was that maternity pay or a normal pay? If that was week 1 then yes your smp ended Dec. Are you paid every Friday? Are you paid for the week you have worked or for the week previously? I've worked in different places that have used both ways.

@LIZS

I think SMP is paid in advance so you would have received 39th week at end December/beginning of January.

Yes that what I think. I started maternity leave on April 3rd and then received my first payment of smp on April 30th and not in May which is what I was expecting. That's why I worked it out thinking right 39 weeks of smp I'll still have earned an average of £120 however that isn't the case. My last payment was December 10th which has just messed everything up

@daimbarsatemydogsbone

Sounds as if it would be worth checking what you have received is correct - if they have messed up your payments during your first mat leave, then you might be entitled to SMP this time - but no-one can tell without all the details (not asking you to tell us- just saying).

See I don't think they've messed it up. It doesn't make sense to me but I'm not sure if a mistake has been made or if it's because they maybe paid it in advance if you see what I mean

@cuno

The 8 weeks notice would have sufficed, they couldn't have refused your early return when you gave 8 weeks notice. Doesn't matter if it wasn't processed on the system or whatever, you would have been able to turn up for work. It's discriminatory to not allow you to return to work when you gave 8 weeks notice.

Apparently according to HR, because it wasn't written communication between myself and my manager (it was a phone call instead) that's not enough. Even tho my manager said it was fine and still spoke to HR. It's all a mess but it is what it is now

@BaronessEllarawrosaurus

Can you check what you were paid on the 9th April, was that maternity pay or a normal pay? If that was week 1 then yes your smp ended Dec. Are you paid every Friday? Are you paid for the week you have worked or for the week previously? I've worked in different places that have used both ways.

I was paid twice in April as there were 5 weeks in that month. April 2nd payment was normal. Maternity leave starts on April 4th. April 30th payment I received SMP. I'm paid 4 weekly on Fridays and I can't remember how the cut off dates work at the top of my head sorry

I think notice does need to be in writing unfortunately. Your letter when you went on ml should set out your payments and conditions. Have you done any KIT days as those are paid and you may still be able to. If you are not returning and plan to take further ml until 2023 is there any point in keeping the job open?

So 4 weekly pay. It all comes down to whether week 1 of that 4 weeks was normal pay or mat pay. I do think though that you should have had a pay in January but not positive on the number of weeks. It really does come down to which was your first week of mat pay

And you will have accrued annual leave while off so that could be "used" between ml.

@LIZS

I think notice does need to be in writing unfortunately. Your letter when you went on ml should set out your payments and conditions. Have you done any KIT days as those are paid and you may still be able to. If you are not returning and plan to take further ml until 2023 is there any point in keeping the job open?

Hahahaha a letter stating out payments and conditions, you must be joking right?! I had to chase up HR just to get them to confirm they received my email letting them know that I'm pregnant let alone any additional information. Everything I know is because of the company policy. I honestly don't think HR know this stuff themselves.

I didn't do KIT days because again it messes up my UC so I just stuck with the SMP. I'm literally thinking the same thing. There's not really any point keeping the job open as I was planning to leave anyway. The role I have in my company is only full time and they won't let me drop hours to part time. I can't do full time work with two babies so I was planning to leave anyway!

@BaronessEllarawrosaurus

So 4 weekly pay. It all comes down to whether week 1 of that 4 weeks was normal pay or mat pay. I do think though that you should have had a pay in January but not positive on the number of weeks. It really does come down to which was your first week of mat pay

Now I need to have a look at the cut off dates but I'm sure March 29th - April 4th was normal pay. April 5th - April 25th was the 90% of my earnings. So that first week was normal pay

If you are right and the 5th was the start of maternity pay then yes unfortunately you are 1 week short, you should have pay for 6 of the qualifying weeks which unfortunately brings the average down to £114 roughly, just under the £120 average you need.

As a separate issue make sure you have had the smp you were due (easier probably to go through your bank add up the deposits take off the first 6 weeks then divide the balance by the rate of maternity pay)

@BaronessEllarawrosaurus

If you are right and the 5th was the start of maternity pay then yes unfortunately you are 1 week short, you should have pay for 6 of the qualifying weeks which unfortunately brings the average down to £114 roughly, just under the £120 average you need.

As a separate issue make sure you have had the smp you were due (easier probably to go through your bank add up the deposits take off the first 6 weeks then divide the balance by the rate of maternity pay)

The way the cut off works is Sunday - Sunday though. Now I'm just confused and HR won't be able to help me because they genuinely do not know anything