Statutory Maternity Pay (SMP) question

[WolfMother326]

Hello all, I have a question about SMP.

I work in the university sector and tend to work on a series of short term contracts. I believe I am entitled to SMP through my current job (I might be entitled to enhanced maternity pay, I am in the process of finding out), as I have worked full time on this contract for over a year and will have worked 26 weeks continuously by the 15th week before birth. The contract will end when I am 29 weeks.

I have had a new contract come up with a different employer, which could begin at that same point. They are aware I am pregnant and have said I can take leave, but they won't be able to offer SMP or any enhanced pay because I'll only work about 2 months before taking leave.

My question is: can I start this second contract and still receive the SMP from the previous job, or would I then need to apply for MA (Maternity Allowance) through the job centre?

Many thanks!

You can't get SMP from a previous employer if you've moved to a different employer before the start of your maternity leave. It would be maternity allowance that you'd have to claim as you wouldn't be entitled to SMP at the second employer given you will have been pregnant before you start with them.

Thanks @MeadowHay - that's what I thought, just wanted to check in case I misunderstood. This seems very unfair!

Unfortunately some of us just get unlucky and fall through the cracks. With my first, I only got SMP as I got pregnant fairly soon after joining the company so didn't qualify for their enhanced pay, fair enough. My company then got taken over by a company with a really shit enhanced mat scheme which a) required a lot more service, b) worked out much less money, c) access depended on returning from mat leave after 6 months or you could only take SMP, and d) required a whole years service afterwards or you'd have to pay back whatever portion of the enhanced pay. We were planning to do that this time around with DH taking his much more generous shared parental pay with the NHS for the next 3 months, but his employer is now not extending his temp contract so he's having to move jobs to a GP practice. GP practices are not NHS employers so he will no longer be entitled to shared parental leave/pay so I will have to take SMP again this time round. We are fuming as we feel like we've both been paying into systems that we don't get to take the benefits out of. Not to mention the fact that we didn't qualify for any tax credit support with childcare with our first because DH was a full time student which was another gap in the system. It is really frustrating.

It'll be MA for sure

29 weeks is the earliest you can start maternity leave so you could stop work then. Depending on whether you qualify for additional maternity leave it might be financially beneficial to do this rather than work somewhere where you only qualify for Maternity Allowance?

Wow @MeadowHay, that is so frustrating. Terrible how even when you've been employed continuously (like I have) its so easy to fall through the cracks.

@wimbler that's helpful thanks. I agree, if I can get the enhanced pay (which is considerable), I may pass on the second contract and just take a year to be home with baby, and start looking for something else for after, as I've had good luck in the past. Even though the last three months are unpaid, I could spread out the money to last 12 months. will have to investigate more once my contract extension is signed off.