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Entitled to SMP but not maternity leave? Any ideas?

3 replies

TheBabbaCrunch · 21/12/2022 12:24

Hi everyone

From my (extensive) research into this, I am classed as a 'causal worker' on my contract but paid through PAYE monthly and with NI taken straight from my earnings. I will qualify for SMP as I meet all the conditions... but not maternity leave? How does this work? I am concerned this means they have to offer my SMP in theory but won't in practice because I'm not entitled to leave. I have tried Googling the answer but can't seem to find anything which specifically explains the implications of not being entitled to 'leave'. Anyone else had this and could explain what it means?

Thanks in advance.

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Are your children’s vaccines up to date?
ChristmasCakeAndStilton · 21/12/2022 12:33

I think you get the pay, but are no longer "on the books" as a casual worker.
I guess that means there is no need to keep your job open for you? But I'm not sure on that side of things.

TheBabbaCrunch · 21/12/2022 12:39

@ChristmasCakeAndStilton thank you so much for your response. Yes, I've found a similar thread on MN (only realised this after I posted!!) which had a couple of responses saying something similar. I think with 'leave' you have the right to return to the same job and accrue annual leave etc etc whereas I will just receive the pay with no further assurances (which is fine by me). I just hope it's the full 39 weeks.

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biedrona · 21/12/2022 12:44

You are best checking with your HR department

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