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Mat pay, fixed term contract, freelance work

2 replies

Dinosaurus86 · 15/06/2021 18:19

Hoping someone wise on here might be able to offer some guidance on what I am and aren’t allowed to do...

Currently on a fixed term contract due to finish at end of Aug. Pregnant and baby due in Nov. It seems I qualify (by the skin of my teeth) for SMP and occupational pay from my current employer. However they are saying that I need to start my mat leave immediately at the end of my contract - I get the occupational pay in a lump then and the SMP monthly.

This leaves me with two months hanging around before the baby is due. Ideally (and for the sake of our finances) I would like to do some bits and pieces of freelance work in Sept and Oct, before the baby is born. Would this be legal or do I have to stay off work even before the baby is born because my mat pay has started? Obviously I don’t want to lose my entitlement to any of the mat pay.

OP posts:
nerdsville · 16/06/2021 14:27

I know you've said freelance but just to cover all the bases:

  • Self employed work won't impact your SMP entitlement at all.
  • Working for an employer you were already employed by at your qualifying week also won't affect SMP entitlement.
  • You can work for a new employer (who you weren't employed by at your QW) up until the birth, but if you do any work for a new employer from birth up until the end your mat pay period then your SMP entitlement ends.

HMRC technical guidance on the above is in section 3.12 here.

Dinosaurus86 · 16/06/2021 18:54

@nerdsville that’s amazingly helpful, thank you!!

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