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I have a job interview while on maternity leave - what happens if I get it?

4 replies

CandleFlames · 02/03/2020 20:30

I have a job interview for a position I’ve dreamed of and worked hard for for years, but I’m 33 weeks pregnant and on maternity leave currently. I’m classed as self-employed but the current company I work for on a freelance basis are paying me maternity pay - 6 weeks 90% earnings and then lower rate SMP for 39 weeks. The job I’m interviewing for knows I wouldn’t be able to start until I’ve had the baby. I’m not 100% sure on it right now but want to go for the interview as I don’t want to regret it, but would I still be able to accept maternity pay while looking at this other job? Of course as soon as I’m working again it will be stopped, but for now, just interviewing, is my maternity pay safe?

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Keyboard91 · 02/03/2020 21:07

I got a new job at 36 weeks on the first day of maternity leave.

6 weeks 90% and then SMP is statutory so you can’t lose that if entitled too it. I’ve had to ask for my occupational maternity to be withheld because I don’t want to go back for 13 weeks before starting the new job, but I still get the statutory component.

TeacupDrama · 02/03/2020 21:16

as she is self employed the rules are completely different you can't apply any of the rules that apply to employees

her current contractors do not have to pay her anything but are doing so in the expectation that she will continue to freelance for them afterwards it is more a goodwill gesture I think, if she is not going back ie if she gets job she needs to tell them
often even as an employee if you don't go back for at least 3-6 months you have to pay back anything over SMP
being self employed her national insurance will give OP SMP of about £140 a week so whether she gets SMP from Government or her current contract makes no odds
the only difference is the first 6 weeks at 90% you need to check your contract to see what it says about returning it maybe that them giving you this as a long term freelance contractor is conditional on returning whether you are job hunting just now or not is relevant it is about whether you return afterwards

bookgirl1982 · 02/03/2020 21:48

The risk is that the 'maternity pay' is discretionary if you're not an employee and your current contract client may withdraw this and you'd have to claim maternity allowance instead.

Thinking about it, you would be eligible for maternity allowance anyway if you're not being paid proper SMP. So worth claiming as it's an extra £140+ a week plus reduced NI.

leghairdontcare · 02/03/2020 22:01

Have you signed anything to say you'd pay back the money if you don't do any work for them in the future? If not, I can't see any risk from your point of view. Seems quite risky from their point of view.

I also agree with the above poster in that you should claim maternity allowance as well if you're eligible.

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