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Miss SMP and contractural pay criteria by weeks

6 replies

Sweetandawfulsour · 16/10/2018 21:33

Hey,
Sorry if I’m starting another thread for something that’s already been covered but I’ve had no joy.

My current employers state that you must’ve been employed for 26 weeks by the 15th week before expected childbirth in order to receive contractual maternity pay or statutory.
Unfortunately my due date falls 3 weeks outside of that window.

How flexible have you found employers to be in regards to maternity pay?

OP posts:
legalseagull · 16/10/2018 21:35

If it's only statutory you were going to get then don't worry. You can claim the same amount in maternity allowance instead

happinessiseggshaped · 17/10/2018 14:38

There is no flexibility in dates for SMP. If you missed it then you miss it. Occupational maternity pay is up to your employer, its entirely their decision to pay you anything extra on top of what they are legally required to do. So if your job was hard to recruit for for example it might be worth asking.

You should be able to claim Maternity Allowance instead of SMP. Its a bit worse than SMP as you just get the flat rate of about £130 a week, whereas with SMP you get the higher rate at the start.

Lougle · 17/10/2018 14:55

There is absolutely no flexibility with SMP. You either do or you don't get it. You can miss the qualifying date by one day and you won't get it. However, as said, as long as you have been employed in 26 weeks of the 66 weeks prior to the week your baby is due, then you are entitled to Maternity Allowance, which is £145.18 for 39 weeks or 90% of the average of your best 13 weeks' earnings for 39 weeks.

Your Occupational Scheme sounds like it runs alongside the Statutory scheme, but you can only ask.

Since2016 · 17/10/2018 14:59

Are you in the NHS? If it’s occ mat pay then it’ll be at the discretion of HR / your manager. It’s quite a way out though and if you’re fairly new to the Trust I’d say they will be v reluctant to accommodate it.

Sweetandawfulsour · 18/10/2018 18:58

Ah cheers, fingers and toes crossed then!

OP posts:
pretendingtowork1 · 18/10/2018 19:59

If you were an employer, would you pay enhanced may pay? Honestly? For someone that new? Have to say I wouldn't without something to say it had to be paid back if they didn't stay a year or two after coming back. Good luck.

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