NHS only offer SMP

[Helloimchlo]

Hi, I am 20 weeks pregnant (21 tomorrow)! I started this job with this NHS employer in June ‘23. I have been employed by the NHS for 5 years in a few weeks, with no breaks in service.

I’ve been informed by my manager that I will only get SMP. As you can imagine, it feels pretty crap after working for the NHS for so long and knowing that other trusts offer a full NHS maternity pay package.

has anyone else have this experience? How did you cope? I am going to contact my Union, but not sure what they can do with it being HR’s policy.

That's really helpful! :)

And thank you - I am over the moon and can't wait to be a mummy :)

I went on mat leave and I work on NHS. What I got was 8 weeks full pay, 18 weeks half pay am sure. I went back to work after 6 months but am sure my half pay would have gone to 9 months then 9 months to a year no pay but smp. I would check the policies.

It’s because you moved trusts, and started your job already pregnant.I think most trusts you need to be there 26 weeks by the qualifying week to qualify for any occupational Mat pay.

The link suggests this is what you need to qualify for SMP (have been there for 26 weeks by the time you're 25 weeks pregnant) rather than OMP.

I think OP won't qualify for SMP due to starting the new job already pregnant but should qualify for OMP and MA due to length of service.

@Helloimchlo as pp have said check with HR about continuity of service. Ideally escalate to the pay policy lead.

At the same time ask what happens to your employer pension contributions whilst on mat leave a) if you continue to pay b) if you opt out.

My professional view is opting out of pension contributions in a public sector pension scheme is the last thing you do before declaring bankruptcy. Remember they come out of untaxed income so you end up paying more tax.

You are exactly right about the maternity allowance. You're not eligible for SMP as haven't been with your employer long enough so they can't claim it back from the government but the AfC contractual maternity pay is based on continuous NHS service so your trust has to honour that if you are on an AfC contract.

You would then have to claim the maternity allowance part separately as a statutory benefit in lieu of SMP.

I used to manage doctors in rotational training programmes (so they had many years of NHS service but sometimes changing employers every 6 months) and they regularly faced this issue but the rules, despite being a bit complex, are clear

Thank you everyone honestly it's just been good to talk about this!

So I now have my employer's maternity policy which states :

Occupational Pay - Those staff that have 12 months continuous service with one or more NHS employers at the beginning of the 11th week before the expected week of childbirth and intend to return to work for a minimum of 3 months after their leave, are also entitled to Occupational Maternity / Adoption Pay. This is paid at 8 weeks full pay inclusive of Maternity / Adoption Allowance or Statutory Maternity / Adoption Pay, 18 weeks half pay plus Maternity / Adoption Allowance or Statutory Maternity / Adoption Pay.

Going on from what you guys have suggested, I also thought I'd look up the definitions of continuous service which states that

For the avoidance of doubt, absence on maternity leave, adoption leave, or shared parental leave (paid or unpaid) as provided for under this agreement counts as continuous service.
i) a break in service of three months or less will be disregarded
ii) employment under the terms of an honorary contract;
iii) employment as a locum in a general practice setting for a period not exceeding 12 months;
iv) a period of up to 12 months spent abroad as part of a definite programme of postgraduate training on the advice of the postgraduate dean or college or faculty advisor in the speciality concerned;
v) a period of voluntary service overseas with a recognised international relief organisation for a period of 12 months, which may exceptionally be extended for 12 months at the discretion of the employer which recruits the employee on their return;
vi) absence on an employment break scheme in accordance with the provisions of Section 34 of this Handbook;
vii) for doctors and dentists in training, time spent outside of NHS employment (employers not listed at Annex 1) in an Out of Programme (OOP) placement approved by the Postgraduate Dean;
viii) for doctors and dentists in training, time spent employed in the health service of a UK Crown Dependency as part of an approved training programme.

So based on these definitions and your insightful responses... I'm thinking I am entitled to Occupational Maternity Allowance.

However, probs not SMP it turns out. So that's where I will apply to the gov for that income?

OMA includes SMP.

you don't get it on top

OP will get the OMP minus the SMP amount and then claims maternity allowance instead

No. OMP is inclusive of SMP - I think your employer claims it and keeps it.

" This is paid at 8 weeks full pay inclusive of Maternity / Adoption Allowance or Statutory Maternity / Adoption Pay, 18 weeks half pay plus Maternity / Adoption Allowance or Statutory Maternity / Adoption Pay."

you don't get MA on top.

Thanks for clarification about SMP and OMA.

Who would have a baby 😂 stress!!

OP doesn't qualify for SMP but qualifies for OMP which is usually SMP plus a top up to OMP levels. She will get the top up part but claim MA instead of SMP

As OP hasn't been with her latest employer for enough time for SMP she claims MA. However her length of service in the NHS entitles her to contractual Maternity pay. The link says this when you only meet 1 of the criteria:

HR have come back to say I am eligible for OMP but not SMP. I am so relieved. It's really made me appreciate what I do get to think that I was an income a quarter of what I was used to!!!

Can someone go through how the MA (from the government) but works? If this in addition to the 8 weeks full pay, 18 weeks half pay that I get from the NHS?

I don't want to sound greedy - just so I can plan as I'm weary of trusting my trust's HR team given all the confusion so far!

Also - does anyone know how they come up with the 'full pay' vs 'half pay' figure? Someone I spoke to said they take an average of x amount of weeks/months earnings prior to maternity.

For Maternity Allowance you usually provide payslips for 13 weeks of your employment plus you'll need the SMP1 form from your employer to show you don't qualify for SMP.

You will not get paid more than your usual wage so it will be the MA amount topped up to your usual wage. You'll need to ask your employer which weeks they use to work out your usual wage (for SMP its weeks 17-25).

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

The current maternity allowance amounts:

You’ll get £172.48 a week or 90% of your average weekly earnings (whichever is less) for up to 39 weeks if you’re employed or have recently stopped working.

You can get Maternity Allowance for up to 39 weeks. This means if you take the full 52 weeks Statutory Maternity Leave, your final 13 weeks will be unpaid