Toadstool - sorry in advance for long post!
The lawyer your DH spoke to was, with respect, speaking rubbish. Legislation states (info taken from \link{http://www.dwp.gov.uk/lifeevent/benefits/statutory_maternity_pay.asp})
To get SMP you must have been:
- Employed by your employer into the qualifying week which is the 15th week before the week your baby is due. Which you are
- Employed by the same employer without a break for at least 26 weeks into the 15th week before the week your baby is due. Part weeks count as full weeks.
- Earning before tax an average of £84.00 a week. This is called the Lower Earnings Limit for National Insurance Contributions (NI) and is the amount you have to earn to qualify for benefits. You have to earn more than this amount before you actually start paying NI.
If YES to all, claim SMP.If you leave your employment at anytime after the start of the 15th week before the week your baby is due your employer must pay SMP to you if you qualify for it. Which you will
What happens if my employer says I do not qualify for SMP?
Your employer will tell you why they cannot pay SMP to you. They will give you form SMP1 explaining the reason. You may be able to get Maternity Allowance. You will need to send form SMP1 to your local Jobcentre Plus/social security office with your Maternity Allowance (MA) claim form.
If you believe your employers decision not to pay SMP to you was wrong, then you should ask your local HM Revenue & Customs office to decide the matter.
But, you won't be able to choose when to start mat leave because:
If you are entitled to SMP and you leave your employment:
- after the start of the 15th week before your baby is due but before the start of the 11th week ? SMP will start from the beginning of the 11th week before the week your baby is due
- at any time after the start of the 11th week before the week your baby is due and before the start of your maternity pay period, your SMP will start from:
° the Sunday after you left employment, if your baby is due on or after 31 March 2007; or
° the day after you left employment, if your baby is due on or after 1 April 2007
You must tell your employer when you want your maternity pay and leave to start. You should do this by the 15th week before your baby is due.
You must also provide your employer with evidence of when your baby is due. This is normally on maternity certificate MATB1. The earliest that this certificate may be issued by your doctor or midwife is 20 weeks before the week in which your baby is due (around the 21st week of your pregnancy).
Sorry for all the bold and italicised text, but basically, you are entitled to SMP from your current employer, but will get it as soon as you leave their employment, as long as your average earnings are more than £84 per week, and you have worked for them for more than 26 weeks at the 15th week before due date (in other words, you worked for them before you fell pregnant).
Give them your MATB1, and make them respond with the SMP1 if they don't want to pay. That way, you can take it to HM Customs and Revenues, who will make sure you get it.
HTH
Lou