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Pregnancy

Talk about every stage of pregnancy, from early symptoms to preparing for birth.

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Original poster

SMP / Maternity Allowance

19 replies

ClaireBear1986 · 20/12/2017 08:56

I am having quite a few issues with my company since telling them I am pregnant, and they are causing me a lot of stress :(

The latest problem is in regards to Maternity Pay. I have sent my forms (Matb1 and employees Maternity Notification Form) to my Account Manager, HR and Payroll and requested confirmation that they have been received, but I have heard nothing back.

Does anyone know (on average) how long it usually takes to hear back to confirm Maternity Leave dates and eligibility for SMP?

My main concern is leaving it too late to claim Maternity Allowance if they will not pay SMP.
My Account Manager is unofficially telling me I won't be eligible for SMP, but CAB are telling me that legally I will be. Due to this I just want it sorted asap, as it is stressing me out now.

Also, does anyone know what the deadline is for applying for Maternity Allowance as I can't find any information online.

Thanks all for your help :)

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Steeley113 · 20/12/2017 09:01

Were you already pregnant when you started working there? If not, then you’ll be entitled to SMP

molifly · 20/12/2017 09:02

How long have you worked at the company for? Have you looked through their maternity policy or asked for a copy?

You have to notify them of how long you are taking off, when you are going/planning on returning by 25 weeks.

Maternity allowance is done through the Job Centre and you need to go there to claim it, however if you've worked for the company for a certain amount of time then you get Stat.

www.gov.uk/maternity-allowance

www.gov.uk/employers-maternity-pay-leave

dementedpixie · 20/12/2017 09:04

If you have been there for 26 weeks when you are 25 weeks pregnant then you qualify for SMP. Do they offer enhanced maternity pay?

museumum · 20/12/2017 09:05

There’s not a tights deadline on MA. Some can be back paid even if you have the baby first. I can’t temember how much.

museumum · 20/12/2017 09:06

Just checked. You can claim MA back pay up to three months so loads of time.

Moanyoldcow · 20/12/2017 09:25

Why are they saying you won't be eligible for SMP?

Loosely, you have to earn above about £113 a week during the qualifying week and you have to have not been pregnant when you started at the job.

Original poster

ClaireBear1986 · 20/12/2017 11:11

Thanks all, that is good to know that there is no deadline in regards to Maternity Allowance.

I am currently working here on a Fixed Term Contract, covering the previous Receptionist's maternity leave. She is due to return to work on Monday 5th March, which will also be the day I start my maternity leave.
My Manager is saying that due to being on a contract that would have expired on 5th March anyway, that I will not be entitled to SMP.

I am under the impression that I would be entitled to it, as I have worked here from 19th Jan 2017 (before I was pregnant) and will be working here till 5th March 2018. (I will be almost 34 weeks when I start maternity leave) I work full time, so earn over £113 a week.

Sadly my company seem hell bent on making life as difficult as possible for all their pregnant staff :(

OP posts:

dementedpixie · 20/12/2017 11:36

They are incorrect. Once you qualify you are entitled to the pay even if the contract then ends

Steeley113 · 20/12/2017 11:47

Could you start your mat leave a week earlier? So you’re still under contract?

dementedpixie · 20/12/2017 11:49

If she was there in the qualifying week then she's entitled to the pay whether she leaves 1 week earlier or not

Original poster

ClaireBear1986 · 20/12/2017 12:04

Thanks guys, I did think I would be entitled but then started wondering if I was getting myself confused.

I have been googling, and think if they refuse to pay then I can get HMRC involved on my behalf.

Feel like I have spent my whole pregnancy just fighting with my employers over things that I am legally entitled to.

OP posts:

bluesky45 · 20/12/2017 12:12

This was very similar to my situation. I was on a fixed term contract that ended about 2 weeks before my due date. I was/am still entitled to smp as I started working there before I was pregnant and I earned more than £113 a week or whatever the amount is. If this also applies to you, then they will have to pay you smp. But they claim it back from government anyway as far as I understand it so it doesn't really matter to them so I'm unsure why employers get so defensive about paying it!

Original poster

ClaireBear1986 · 20/12/2017 12:25

Thanks @bluesky45, good to speak to someone else who has been in a similar situation. And to know that I am definitely in the right on this one :)

I'm hoping they don't just sit on it for ages and take forever to give me an answer, as I really want this all sorted.

Another colleague told me that she was in the same position at a different company, and she was still entitled to her annual leave during the year of maternity leave. As she wasn't going back, she was unable to use it as holiday so was paid for the 28 days annual leave she had incurred. Did this happen to you? Not sure if this is legally what you are entitled to, or if her company were just extra nice.
Tried to google, but not found any answers.

OP posts:

Moanyoldcow · 20/12/2017 13:52

Like Bluesky says, I don't know why some employers get so narky about paying it back. They can reclaim at least 96% of it which will clearly not impact their bottom line.

Be firm OP - you're definitely entitled and get HMRC/ACAS involved if necessary.

Original poster

ClaireBear1986 · 20/12/2017 14:02

Thanks everyone, you have been so helpful and really put my mind at rest :)

OP posts:

Dustywillow · 20/12/2017 15:59

Hello your definitely entitled to smp I was in similar position I’m covering someone’s maternity leave but I’m still entitled to full smp for 9months never had any problems sorting this out with my employer. Handed stuff in on the Saturday and got a text from my boss on the Monday letting me know it was all sorted for me leaving in January.

smu06set · 20/12/2017 16:41

If you are working for the company between weeks 17 and 25 of your pregnancy, that is what they base your SMP on.
And employers claim back 92% of SMP, so while they don't get all the money back they do get a large chunk of it!

EastDulwichWife · 20/12/2017 16:53

Hi OP. Doesn't sound like an issue as the others have said, but if you think they're a difficult employer make sure you do any chasing via email so you have a record. You can BCC your personal email address in too.... Good luck!

Original poster

ClaireBear1986 · 21/12/2017 08:14

That's exactly what I do @EastDulwichWife.

Learnt before to ensure everything is in writing, and that I have a copy of all correspondence.

Hopefully this can all get sorted asap!!

OP posts:

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