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question about legalities...

5 replies

breaghsmum · 17/12/2008 00:02

im going to apply to get registered to CM in january, i already work 3 days a week for a bank and intend to continue this for the time being until i get an idea of how financially viable cm ing will be. the thing is, my baby is due in may and from then i will be on maternity pay, what im asking is, can i actually work as a CM while on maternity leave and pay. or will i be breaking the law. im just not sure of the legalities of it all. if anyone could help me out i would really appreciate it. TIA
btw, i do not intend to do this if it is against the law, hence why i am asking.

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Are your children’s vaccines up to date?
islandofsodor · 17/12/2008 00:14

No, unless you already had two jobs, or one job and one self employment BEFORE your maternity leave starts you cannot work elsewhere whilst claiming SMP.

The exact rules and regs are in a document from the Inland Revenue that is sent to employers entitled Time off and Pay for Parents.

breaghsmum · 17/12/2008 20:00

so if i become registered before i start maternity leave and am already working as a cm, would i then be able to continue working as a cm and also be on mat pay from my employer? im sorry to be asking these awkward questions, i just need to know where i would stand.

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bumpybecky · 17/12/2008 23:25

I'm not a childminder, but have previously been employed and self employed at once while pregnant, so similar.

When I claimed (nearly 4 years ago now) as long as you were working in the qualifiying week of pregnancy you could continue to work while claiming maternity pay from your main employer. The qualifying week was IIRC week 25 of pregnancy, 15 weeks before expected due date.

Please check this though! I found the HMRC self employment helpline very helpful (!)

DadInsteadofMum · 18/12/2008 10:07

You will need to check you terms and conditions of employment about what other work, if any, you can take on whilst still being employed by the bank. If you breach this and they consider it gross misconduct (which is perfectly possible) you could find yourself subject to summary dismissal event hough you are on maternity leave.

islandofsodor · 18/12/2008 20:46

Unless it is in direct competition and you may poach the clients of the organisation you work for exclusivity contrcts are non enforcable especially for part time workers as you cannot stop someone earning a living.

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