SMP question

[WolfMother326]

I've been told that I am inelligble for SMP but I think this is wrong.

I am due on 17 August. I'm employed on a fixed-term contract and have worked for the same employer from March 2020. My contract is set to end on 31 May. According to the citizen's advice calculator, I only need to be employed up to 02 May, which is the qualifying week (15 weeks before due date). I would like to begin SMP on 31 May, which is one day after the earliest day I could receive it (30 May).

Am I write in thinking that my job has to provide me with SMP, even if I am no longer employed from June 1st?

Thanks so much in advance.

I’d recommend phoning ACAS, they’ll be able to offer you specific advice to your case. Good luck x

Thanks @Floopyandtired - I will.

12th March til 7th May will be your qualifying weeks ie week 17-25 of your pregnancy you need to have earned an average of at least £118 a week I think it is. If you earn this and have also been with the company continuously from March 2020 until 7th May 2021 you will be entitled to Smp from the company whether you are still there or not. The shouldn't have told you you aren't entitled yet as they can't even work this out til after 7th May I work in payroll so deal with this stuff. If they emailed saying you aren't entitled already make sure you keep that as will be evidence if they try to deny you smp. Make sure you get ur Mat b1 form and hand into your company before 1st May 2021 to make sure u have done everything correctly

Thank you @nicciw87 that is so helpful, and that is what I thought! Really appreciate your advice.

If you have been employed for 26 weeks by the time you are 25 weeks pregnant then you qualify for SMP even if your contract then ends after that.

Thanks @dementedpixie - that's really helpful. Thinking of it in terms of how many weeks pregnant I'll be is also useful!

Just wanted to reply here and confirm that my employer was wrong on this. They'd either been willfully or accidentally calculating SMP incorrectly for all staff (a lot of people I assume, as its a big university!) but are now correcting their policy and will provide me with SMP. Thanks for everyone's help and advice.

@WolfMother326 brilliant great news for u god help all those that came before you though not getting it and fighting x