Smp confusion?!

[El1995]

Okay so I have just read that to get SMP I needed to have worked for my employer continuously for at least 26 weeks continuing into the ‘qualifying week’ - the 15th week before the expected week of childbirth. I started working for my company technically as of September 1St 2017 and was with them for 6months as of March 1St, I have just finished my last day at work today and am going on maternity (I'm 36weeks as of tomorrow), so do I qualify for SMP? I'm so confused... May I add that I worked at my workplace from July 24th-september 1St but under an agency so I 'technically' wasn't employed by them at that point....

Did you submit your SMP1 form? What did they say?

Basically, at when you are 25 weeks pregnant, you need to have worked for your employer for the previous 26 weeks.

Were you pregnant before starting your contract? You can get pregnant after a week working there and be entitled, Not earlier than that.

Well I'm 36 weeks and have been working for them for 27 weeks... 😕

Did you work for your employer before you got pregnant? If not, you don't qualify.

Have you worked directly for them all that time or was part of it as a temp??

Oh just seen you've worked 27 not 37 weeks. So no, you won't get SMP but you can claim maternity allowance instead.

I don’t mean SMP1 I mean MATB1. Have you given it to them?

Yeah, I gave them my matb1 form weeks ago, it's my bad for just assuming, I've had Alot going on and just assumed you qualified for just working for them for 26 weeks 😣😥 I've been working with them full time the whole time I've worked with them (I technically stated working for them September 1st, before that I was on and agency contract working for them (started July 24th) so I wouldn't have been working for them long enough even then, as the first day of my last period was July 1st... 😥 eugh!

They have to give you that back (with a decision) in 7 days. Chase it.

You’ll get MA, but you need your MATB1 and the form (which I think is SMP1) which tells you why you aren’t eligible for SMP.

My last day was today 😬 so can they choose to pay me smp despite the rules (sorry if I sound thick) if I've just missed out on it or am I stuck with the regular maternity pay instead of SMP?

You need to call them and sort it out on Monday, you won't automatically get paid anything. If you need maternity allowance you need to sort that out asap. Remain calm though, don't get stressed out, it can be sorted.

I've arranged to be paid maternity pay as they told me a start date (Monday) I just assumed it'd be smp not just regular maternity pay 😣 I guess I'll ring them Monday 🤷‍♀️

There are three types of money you can get...
SMP is what your employer has to pay you under certain circumstances.
They can pay you more if they want to (eg I got full pay for 8 weeks second time round) - that’s OMP (occupational maternity pay)
Then if you’re not eligible for SMP, many women (including you, by the sounds of it) are eligible for maternity allowance (MA). That’s a benefit and paid on a different way, so you need the formal decision from your employer that you aren’t eligible for SMP to apply for it. First time round, I changed jobs while pregnant so this is what I did. You lose out on the 90% for the first six weeks, but after that it’s the same rate.

Is the other parent on the scene? Taking shared parental leave? If so, you need to find out what they will be paid too.