Maternity pay. Smp and ma ? Help me

[Bitsandbobsalot]

I’m 18 weeks pregnant. My employer doesn’t know yet I intend letting them know when I have my matb1 at 20 weeks. Why have I left it so late because they are slime balls who would look for any reason to sack me to avoid paying me. It’s hard enough to get my holidays and pay slips so I’m dreading putting in for my maternity leave. ANYWAY I work 26 hours a week. I’ve been with this company nearly 12 months and previous 6. I work 26 hours a week. I’m a contractor. One of my 3 contracts is ending at the end of may when I’m 29 weeks so I’ll loose 15 hours. However it also co insides with me been 29/30 weeks. So I was hoping to start my maternity then. I do understand my smp however I’m struggling to understand MA and should I lose my job and become unemployed would I be entitled to it ? Has it happened to anyone else ?

I have the option of going self employed from 30 weeks but I’d only be able to have 4ish weeks off to have baby and recover from birth but I really want to spend the time with my baby and I want to breast feed. My dh answer is for me not to work as he is more than able to support our family so I am lucky I’m just so scared I’ll loose my financial independent that I’ve loved having. We aren’t entitled to tax credits etc so no benefits are been claimed.
God that was a long ramble sorry

As a contractor are you not already self employed?
Or do you mean you are directly employed but on a short term contract?

You can't get bith SMP and MA, you get one or the other

Are you a contracted employee, or a self employed person paid as a contractor. These will affect payment. Also, i didny get matb1 until 24 week midwife appt which is standard in my area just in case that helps.

I know I can get smp and ma together but would I be entitled to ma if I lost my job and didn’t qualify for smp.

I’m not self employed I’m definitely employed. The company I actually work for hires my employer company to supply me to do the work.

* I no I can’t !!! Sorry stupid iPhone

Are you agency staff? It's the employer company who would cover your SMP, not the business you work at. Do you have a contract?

The eligibility for SMP is:

• earn on average at least £113 a week
• give thecorrect notice
• giveproof you’re pregnant
• have worked for your employercontinuouslyfor at least 26 weeks continuing into the ‘qualifying week’ - the 15th week before the expected week of childbirth

So as long as you were employed for 26 weeks by the time you are 25 weeks pregnant and meet the earnings criteria then you will get SMP.

www.gov.uk/maternity-allowance/eligibility - is paid if not entitled to SMP

No I’m not agency staff. The company I do the work for hire my company who I’m employed by. I’m definitely employed I have a contract and I’m not registered as self employed. I have tax and ni payed for me by my employer.

See it’s confusing dealing with that part never mind flipping maternity pay/leave etc 😂

I’m worried that my company will effectively sack me before 26 weeks. IF they did would I qualify for ma instead of smp. I know it all probably sounds complicated and daft but I’m genuinely concerned.

not confusing at all, but I'm a payroll manager so get all the different ways of employment.
Your employer company are responsible for paying you SMP as long as you meet all of the above criteria, MA wouldn't apply as, as soon as you hit 26 weeks, even if you lose your job then, the employer are still responsible for paying the SMP (they reclaim it back from the government anyway)

You should be entitled to SMP provided you are still employed up to the point you take maternity leave. They are not legally allowed to let you go whilst on mat leave so shouldn't affect it at all. If you happen to lose your job before going on mat leave you will be entitled to MA

What would they sack you for?

They can let you go on maternity leave, but will have to pay the SMP as a lump sum.

Oh I didn't realise that it's 26 weeks and they have to pay SMP! What she said then!

Thank you I’ve got my head all pickled with it all.

They aren’t a nice company to be employed by. I struggle to get my holiday entitlement of them. I’ve worked the last 12 months without been allowed my holidays. They refuse them I spoke with acas and I’ve managed to get a week off next month via them. I can just imagine them finding any excuse to get rid of me so not have to deal with smp.

The actual places where I do my work love me and have no problems

Sadly the place where you do work has nothing to do with the way you are paid.
you don't have to tell them anything at all about being pregnant until at least 28 days before you intend to start mat leave :)

I know it’s such a shame as the sites where I do my work they are great. I wouldn’t have a problem if I was directly employed.

I didn’t know about the 28 day notice either. Thank you I think things are a bit clearer in my head now .

Really you should tell them 15 weeks before the due date (but that is when you are 26 weeks anyway so will be eligible)

God your so clued up on all this. I’ll definitely keep that in mind as I need as much time as possible to make sure I get what I’m entitled to.

Haha I have to be, I work with lots of different types of employees and its an absolute minefield.

Good luck - and congratulations!

also, you accrue holidays while you're on mat leave - if you don't intend to go back after then whenever you give your notice make sure you find out what you've accrued to date and claim for the hours owed.