Maternity pay, got my maths all wrong!!!

[CreamyCoffee]

Hey ladies,

So I'm 20 weeks pregnant and started with a new employer in July. My initial hope was to complete the 26 weeks required to get smp, and during that 26th week, which takes us to first few weeks of January 2021, tell them about my pregnancy to get smp. But although I've read about it, I've completely blanked on the fact you're legally required to tell your employer at least 15 weeks before your due date, which means I have to tell them before/on my 25th week of pregnancy, which is only a few weeks away. I'm on a contract that doesn't offer fixed hours, so my concern was that they'd reduce my hours so as not to pay out much smp.. sighs

Had you started the job before you were pregnant? If not you won't qualify for SMP anyway and would need to claim maternity allowance instead.

If you started the job before you got pregnant then you need to have worked for them for 26 weeks by the time you are 25 weeks pregnant to qualify for SMP. Your maternity pay will be determined by your average wages in weeks 17-25 of pregnancy.

Your SMP is calculated on your average earnings between weeks 17 - 25

Yes you have to have been working somewhere longer that the length of your pregnancy. You might be entitled to Maternity Allowance though from the government.

And yes, as dementedpixie says, you won't qualify for SMP if you only started with them in July. By my workings that's 16 weeks max

If you are going to claim maternity allowance then you would use the 13 weeks of payslips where you got your highest wage. With MA it is a set amount and you don't get the 6 weeks at 90% at the start

www.gov.uk/maternity-allowance/eligibility

Thanks for the replies, it definitely looks like smp is out the window. I was already pregnant when I started, albeit very early pregnancy. Hypothetically, what would happen if I don't tell my employer about the pregnancy, work as long as possible and then leave? The employer wouldn't know a thing, it's not office based. I know I'd be breaking the law, but what consequences could I actually face?

Why wouldn’t you tell them?

They use the MATB1 form that you are given by your midwife to work out your eligibility. They don't just take your word for it!

I'm reluctant to tell them as I'm pretty sure they'll reduce my hours if I do

Are you ok OP? I'm sensing you are panicking a bit.

You can still claim maternity allowance.

@CreamyCoffee

I'm reluctant to tell them as I'm pretty sure they'll reduce my hours if I do

But that would be maternity discrimination.

Not saying it's not likely to happen but you do have some protections.

With the best will in the world you probably won't be able to hide it for long after Christmas.

If you dont tell them within timescales then you won't get any maternity pay.

Have a careful read of the info on maternity allowance.
Do you mean you are working from home and unlikely to meet face to face?

I've been with my work for 8 years but as its zero hours I don't get maternity pay either. I will need to get maternity allowance. But I am reluctant to tell them incase they take my shifts off me.

As PPs have said, you're not eligible for SMP but you can claim Maternity Allowance instead.

You should also tell your employer about the pregnancy and you will be entitled to maternity leave and legal protection from maternity discrimination.

@GrandTheftWalrus

People on zero hours contracts are entitled to SMP.

OP, employees dont pay SMP. The government do. They wouldn't save any money by reducing your hours.

But anyway, you're not entitled to it. You will get maternity allowance but you need to tell your employer about your pregnancy ASAP. They may need to donate risk assessment to make sure you are safe to do all aspects of your job, they will need to know for insurance reasons etc. And they need to provide you with documentation which states you will not receive SMP as you are ineligible so you can then apply for maternity allowance.

*do a risk assessment

It depends what sort of job she does as to whether a specific risk assessment needs done. She needs to tell them about the pregnancy by week 25. They do need to do an SMP1 form to make you able to claim Maternity Allownce

So you won’t get SMP but could get MA if you’ve worked 26 weeks out of the last 66 before your due date earning at least £30 a week.

Will your employer not see you? I know a woman who worked nights and didn’t tell her employer as she knew they would stop her hours and she needed the money and the 26 weeks work.

It is discrimination but difficult to prove on a zero hour contract and is a battle that most women giving birth do not want to fight.

Tell them by e-mail so you have a paper trail of date you told them and a date they reduced your hours.

You will be able to claim
Maternity Allowance but you will need to get an SMP1 form from your employer to show you are not entitled to maternity pay. Also as other people have said if you tell them about your pregnancy you’ll be entitled to paid time off for anti natal appointments. If you would like to continue working fir them after maternity leave I would be open and honest with them so you are going them notice to find maternity cover for you.

Yeah the company doesn’t pay the money so can’t see why they would cut your hours to have to pay you less? Makes no sense

The money comes from your company alright into yo back account - but they claim it back from the government

How many weeks out are you? My midwife put my preferred date on the form. Was slightly different than your situation as was only 10 days difference from my scan date and I had been employed by the same employer for years before hand. I was certain that my date was correct - not the scan.