Agency staff and maternity pay

[RJM17]

Hi

Just wondering if anyone would know what if anything I would be entitled to. I have worked for an agency since January and will probably work for them right up to when I finish to have the baby. Obviously they don't pay maternity pay but would I be able to claim smp??
Any advice would be great.
Thanks x

i think you could claim maternity allowance rather than SMP

If you have worked enough weeks in the previous year you can claim Maternity allowance.

How many weeks? And what happens if I haven't? I work in schools so have quite a lot of holidays and don't always work full weeks as its when the agency have work. I'm so worried I'm not going to get anything x

You have to have worked for 26 weeks out of the 66 weeks prior to the week your baby is due. Even one day of work is counted as 'working' in a particular week. So, you could work 26 days, one day per week, and qualify for Maternity Allowance.

If you don't work for 26 weeks out of the 66 weeks prior to the week your baby is due, then you don't qualify.

Your maternity allowance is based on the current weekly rate which is around £135, if you have earned less than that on the 26 week's worth of payslips you will get 90% of the average of them so try to send payslips where you have earned the highest amounts - they don't need to be consecutive.

It also depends on whether youve paid in class 1 or 2 NI.

You get to pick 13 wks in about a 15 month period on which they base their weekly amount. These don't have to be consecutive weeks and they actually suggest you pick your highest earning weeks.