Qualifying week for SMP

[rainbowbaby5]

I'm really confused tonight about maternity pay. So I've been in my job over 3 years, I'm 19 weeks pregnant. I have been off work for 2 of my shifts due to back pain and I've had a migraine for the last 3 days. I wasn't concerned about maternity pay until someone mentioned the qualifying week. So because I've been off for 2 days will that have gone against me qualifying for SMP? Am I in the qualifying week now or does it start 15 weeks before your due date? Which my due date is 29th April. I'm so confused with it all and how it works and my manager is useless if I'm honest.

I have -9 hours banked which means I'm 9 hours under contract so they'll take 9 hours pay from me also at some point which will be my pay this month I'm presuming.

Anyone with advice please help. I'm stressing out🥺

You give the matb1 form 15 weeks before due date. You aren’t given it until after your 20 week scan. That form is what is needed to claim SMP. Unless you work and earn close to £120 per week it shouldn’t make too much of a difference. Have you seen your company’s maternity policy?

@Danikm151 I have my 20 week scan next week and my midwife did mention to get the MATB1 form at the scan. So I take that to work for them to fill out? Or a doctor/midwife does it? And I've looked at my work policy. But I can't make sense of it. I don't know if I'm just being dull or just stressing out😟

This is my works policy

As long as you have worked for your employer since 24th July 2021 you'll get SMP.

The amount you get is based on an 8 week period, which finishes roughly 15 weeks before your due date i.e. weeks 18-25 of pregnancy. So if you want to maximise your SMP (e.g. the 90% for the first 6 weeks) then you make sure you earn as much as possible in that period. As you are only 19 weeks, you still have time to make up your hours.

The qualifying week is more about whether or not you will get SMP and isn't affected by sickness as long as your employed. It's that 8 week period of earnings thats important in this situation I think.

Btw I'm no expert, just pregnant and have had to wrap my brain around this recently!

Your qualifying week is 15 weeks before EWC which your midwife will fill out on your MATB1. You need to be employed for 26 continuous weeks up to and including your QW, which you have. Are you weekly or monthly paid? How much roughly?

@Orarewedancer

As long as you have worked for your employer since 24th July 2021 you'll get SMP.

The amount you get is based on an 8 week period, which finishes roughly 15 weeks before your due date i.e. weeks 18-25 of pregnancy. So if you want to maximise your SMP (e.g. the 90% for the first 6 weeks) then you make sure you earn as much as possible in that period. As you are only 19 weeks, you still have time to make up your hours.

The qualifying week is more about whether or not you will get SMP and isn't affected by sickness as long as your employed. It's that 8 week period of earnings thats important in this situation I think.

Btw I'm no expert, just pregnant and have had to wrap my brain around this recently!

Honestly it's so confusing🤯 I don't know if I'm just stressing it and complicating it for myself. But I'm having a mini meltdown tonight😂

It's only if you were off and only getting Statutory sick Pay for most of that period that would affect your maternity pay. If you were off the odd day here and there then it's unlikely to make a huge difference.

What sort of contract do you have where they deduct pay if you're off sick?

@MrsJackRackham

Your qualifying week is 15 weeks before EWC which your midwife will fill out on your MATB1. You need to be employed for 26 continuous weeks up to and including your QW, which you have. Are you weekly or monthly paid? How much roughly?

I earn £10.70 and hour, so if I get my contracted hours I earn £1,150 a month after tax ect

@rainbowbaby5 it's so confusing! The way they word it is daft. "15th week before your baby is due" etc. There's literally no other scenario where you need to count backwards from your due date in pregnancy 😅

It's stressful because you need to know how much you'll be living off.

@dementedpixie

It's only if you were off and only getting Statutory sick Pay for most of that period that would affect your maternity pay. If you were off the odd day here and there then it's unlikely to make a huge difference.

What sort of contract do you have where they deduct pay if you're off sick?

I'm on a 30 hour contract. Which I was never aware they take hours away if you're off sick. I always thought it was you lose the hours. So I've either been walking round with blinders on for 3 years or what I'm being told is incorrect. But my payslip says -9 which means under contract, so I owe them 9 hours basically

@Orarewedancer that's exactly what I'm stressing over, the living. I don't want everything to fall on my partner and us have to rub sticks together once all essentials and bills are paid for. I think I've had a meltdown tonight because we haven't bought anything for the baby and I'm such an organised person. It's all just turned into a massive hormonal breakdown😂

I think your work are taking the piss. Do they pay sick pay?

Looking at your screenshot are you not eligible for enhanced maternity pay which is 100% of wages for 14 weeks rather than just SMP

You should qualify then, your average weekly earnings need to be £120 or above, without knowing the EWC you don't know whether it would either be December & January or November & December.
If the EWC has a pay day in it then it's that month and the previous month. If not you go to the last two previous paydays.
Your employer is paying 100% of your contacted hours for 14 weeks then you'll drop down to the lower level of SMP for the remainder 25 weeks which is £151.97 this year.

I'd look at your sickness policy too as there's no way you should be owing them hours for sickness. Are you sure they've not deducted them for your appointments (illegally)?

@dementedpixie oh they massively are. That's why I feel like I need to cover myself with facts and knowledge because I'm getting lead down the garden path if I just listen to what they say.

So I was off end of august, signed off by the doctor due to stress, in that stress found out I was 6 weeks pregnant and this is my 5th pregnancy no living children. Was off in April after my silent miscarriage. So my boss said that has used up my sick pay from them. So say I went off sick now it would have to be SSP my manager told me

@dementedpixie also not been deducted for appointments as I've worked all the days my appointments have fell on as I've finished work before the times my appointments fell on

How long have you had off in total for sickness and what does your sickness policy say?

Have googled and says they offer 20 days paid sick leave

I'd ask for a breakdown of where the 9 hours are owed.

@dementedpixie

How long have you had off in total for sickness and what does your sickness policy say?

I've been off for my Saturday shift and my Monday shift. It doesn't say anything about owing hours, but I looked on banked hours which is on my payslip which my boss is saying is hours I owe them for being off. So I was off twice a few weeks back with the flu and I wasn't allowed into work till I got my PCR results so that didn't go down as pregnancy related

I've not been off for more than 1/2 shifts at a time. I've not called in sick for the whole week or anything

Found out the minus 9 hours I owe and it's because when I had my cold and waiting on PCR results it ran into a Saturday. But if it was w Monday it would just be me losing hours. So therefore if you're sick on a Saturday or Sunday they bank the hours and make you work that extra time in the banked hours to pay them back for being off on a weekend day as sickness apparently doesn't count on a weekend

I'm sorry but that makes no sense to me. Were you supposed to be working that weekend?

And if they can pay you a wage on a weekend why can they not pay sick pay on a weekend too?

@dementedpixie yes, so I had a Saturday shift. I was off Friday as a day off not sickness. I wasn't well all that week in work and on my day off I rang in the evening before the Saturday, explained I had a cold and a headache and I wasn't feeling well. She then said I needed a PCR test to come back to work, so I couldn't get a PCR between Friday evening and it be back for Saturday at 6am to do my shift, so the Saturday obviously got banked the 9 hour shift I was on. I didn't understand it either and she said if it was a week day I would just lose the hours and nothing would happen, but because it's a weekend you apparently can't count holiday days or sickness on a weekend day. So I'll probs have another banked hours since I wasn't well Saturday just gone either. It's so frustrating🥴