SMP advice

[Willow4987]

Hi,

due baby no 3, but first one at this job

for baby no 1 I was in an acting up role at the time which meant I got additional pay over and above my base salary. Luckily this was within the maternity qualifying period so it counted towards my mat leave pay

for baby no 3, I’m in a new company but in a similar situation again - additional pay over and above salary within the qualifying period

however, this company only offers SMP so I’m not sure if they will include this additional pay in the SMP calculations or if for previous company it was just because their Mat leave policy was so much better

so does anyone know what the law actually is around the qualifying pay? Is it base salary or just whatever your pay was within that period?? I’ve had a look on the govt website but it isn’t specific about what can be included from that pay in that period?

if anyone has a link or screenshot that would be amazing!! I suspect if it is included, my current company will claim not to know this (very small and I’m the only to be going on mat leave in the last 10 years so doubt they’re up to date)

thanks!

If the extra wages were paid in weeks 17-25 of pregnancy then they should be used when calculating SMP

www.gov.uk/guidance/statutory-maternity-pay-manually-calculate-your-employees-payments

Says:

Overpaid or underpaid earnings during the relevant period

Always calculate AWE based on all earnings actually paid to the employee within the relevant period, regardless of any over or underpaid wages in that period. Where over or under payments of wages occur within the relevant period, you must include the overpaid or underpaid amount in the AWE calculation for deciding if SMP is due.

Thank you both so much!!!

hopefully I don’t need the proof but at least I have it