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Talk about every stage of pregnancy, from early symptoms to preparing for birth.

Maternity Statutory pay from Employer

6 replies

KarenPregnancy · 27/04/2023 13:08

Hi there, my due date is 7th Aug 2023, and I've got a maternity leave question I hope some of you may be able to help with please!
To be eligible for Statutory pay from employer I should serve at least 12 months to the company but according to my due date I am short of 15 working days to be eligible. But I have 25 annual leaves and by applying them I can be eligible as it will complete my 12months. So Is it possible to start Maternity leaves after 2 or 3 weeks the baby is born ? and till then I can apply my annual leaves? as will still be on leaves it's just that I am apply maternity leaves 15 days late after the baby is born.

Thanks

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Sissynova · 27/04/2023 13:12

No your maternity leave has to start when the baby is born and not later.

Are you not in the uk? You don’t need to have worked there for 12 months for statutory maternity. Obviously if it’s enhanced that is different.

https://www.gov.uk/maternity-pay-leave/eligibility

Maternity pay and leave

Your Statutory Maternity Pay (SMP) and Leave - what you get, how to claim, maternity rights and extra help

https://www.gov.uk/maternity-pay-leave/eligibility

tweener · 27/04/2023 13:12

I believe your maternity leave must legally start the day after the baby is born, if it hasn't already started.
You don't have to work somewhere for a year before being eligible, are you sure this isn't for enhanced maternity pay?
For SMP you must have worked there for 26 weeks at the point of your qualifying week (which is week 25 of your pregnancy).

Hugasauras · 27/04/2023 13:13

No, maternity leave starts the day after the baby is born, you can't start it 2/3 weeks after. You will almost certainly be eligible for maternity allowance though, which is the same as SMP without the 6 weeks at 90% pay bit. Your work will need to fill in a form explaining why they can't pay you SMP and then you fill in a form yourself and sent it to the relevant government department.§

https://www.gov.uk/maternity-allowance

Maternity Allowance

Maternity Allowance is paid to pregnant women who do not get Statutory Maternity Pay - rate, eligibility, apply, form MA1

https://www.gov.uk/maternity-allowance

dementedpixie · 27/04/2023 13:14

Is it statutory maternity pay or enhanced pay you are talking about?

For SMP you need to have been employed for 26 weeks by the time you're 25 weeks pregnant. There is no 1 year requirement for SMP

The latest leave can start is the day of the birth

Hugasauras · 27/04/2023 13:16

And yes as others have said, I would imagine a year is when their enhanced packages begin. SMP has fixed requirements:

To qualify for SMP you must:

You can use the calculator here:

https://www.citizensadvice.org.uk/work/maternity-and-parental-rights/check-your-maternity-and-parental-rights/maternity-leave-and-pay/maternity-pay-what-youre-entitled-to/

Maternity pay and leave

Your Statutory Maternity Pay (SMP) and Leave - what you get, how to claim, maternity rights and extra help

https://www.gov.uk/maternity-pay-leave/how-to-claim

Hugasauras · 27/04/2023 13:17

So for you to get SMP: To get statutory maternity pay you'll need to have worked for your employer since 5 November 2022

You’ll need to keep working for them until at least 23 April 2023.

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