SMP technical question

[happyendings1]

Any advice appreciated please...

There's an 8 week period whilst pregnant, that Statutory Maternity Pay is calculated from. I work part-time. During my last pregnancy I worked extra during this period and therefore received better Maternity pay (my company pays full pay for a number of months). I would like to do the same this time, however there is no overtime available.

The government guidelines state one off payments such as bonuses cannot be counted.

Can holiday pay be included? I'm allowed to work for example 3 days one week and receive holiday pay for the remaining two.

Whilst legal, some might view this as morally wrong. However, I've worked for my company for a very long time and go above and beyond my pay grade. I often help out and take on extra responsibilities when required and do overtime when the company asks me to.

I think you're wrong about the bonus thing btw. Googling suggests if it occurs in the 8 week period (17-25 weeks) then it should be counted

AWEmust include all earnings on which Class 1 National Insurance contributions are due, or would be due if they were high enough.SMPentitlement depends on your employee’sAWEin the ‘relevant period’. TheAWEin the relevant period must not be less than the Lower Earnings Limit (LEL) for National Insurance contributions which applies at the end of the qualifying week:

LELfor 2018 to 2019 is £116
LELfor 2019 to 2020 is £118

Divide all earnings paid in that relevant period by the number of days, weeks or months in that period.

(If you are paying NI on your bonus then it should be included in the 90% calculation)

@dementedpixie thank you so much for your reply.

I always thought bonuses were included, but I found conflicting advice online.

So any holidays in said period would be included as well?

Whatever is on the payslips in that 8 week period and that you pay NI on seems to count.

www.gov.uk/government/publications/maternity-benefits-technical-guidance/maternity-benefits-technical-guidance#statutory-maternity-pay-smp says:

Sick pay, overtime, bonus payments, arrears of pay and even, in most circumstances, holiday pay, must all be included if you actually get them at this time. It is when you get the money that counts, not when it was earned