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SMP or Maternity Allowance or nowt? Second job (HE)

14 replies

deliwoman1 · 30/09/2024 15:37

I'm slightly panicked because I think I'm going to lose out on both SMP and Mat Allowance from my second job, which will mean we'll struggle. But maybe someone out there has any insight?

Job 1 is easy. Been there 7 years, work 3 days per week continuously and have been receiving a wage the whole way through. They have a great HR department that knows what it's doing. No probs.

Job 2 is the issue. Started in January 2022. It's a lectureship where I teach two courses a year, one per semester, and I'm paid September-December, and then February-May.

Baby is due Dec 28th. Ordinarily I would begin teaching again w/c 20th Jan 2025 but I really need to take maternity leave that semester...

I had a baby in June '22, but didn't need to take any mat leave because I had a bit of time to recover before teaching began again. I learned then that I counted as being 'continuously employed' by Job 2, because I was able to take mat leave and collect SMP from Job 1, without needing to stop work at Job 2. Great.

The tricky bit is that unfortunately, because of the way we're paid, I didn't earn anything from job 2 between 29th May and Sept 27th this year, despite being continuously employed and expected to earn again on September 28th. Unluckily, I think the period they use to calculate SMP falls within this time. 😢I might be entitled to mat allowance, but I already know I can't claim it for Job 2 at the same time as SMP from Job 1.

HR and finance are a bit useless. They are trying to work it out. The annoying thing is that if the uni spread out payments over the year (which they sometimes talk about implementing), I'd definitely earn over the threshold for SMP and I'd be fine. I'm paying the same amount of NI and tax however they break it down.

Anyone out there have any experience of this? I realise it's pretty specific to HE.

For financial reasons, I'm thinking I may need to return mid-semester if I can't get SMP or mat allowance. Not ideal for anyone, students included.

OP posts:
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Statsworry1 · 30/09/2024 15:39

Do you have a contract with both jobs?

Statsworry1 · 30/09/2024 15:40

You can definitely claim two lots of SMP!

ItTook9Years · 30/09/2024 15:45

Statsworry1 · 30/09/2024 15:40

You can definitely claim two lots of SMP!

Not if she didn’t earn anything in the qualifying weeks for one of them, she can’t!

ItTook9Years · 30/09/2024 15:46

Its earnings in the qualifying weeks that matter, so if you didn’t earn, you won’t be entitled!

jellycat · 30/09/2024 15:47

@Statsworry1 yes, but only if average weekly earnings in the 8 weeks before the qualifying period (which is 15 weeks before the baby is due) exceed the lower earnings limit (about £123/week). So since there was a period without any earnings, and might not qualify.

Statsworry1 · 30/09/2024 15:50

ItTook9Years · 30/09/2024 15:45

Not if she didn’t earn anything in the qualifying weeks for one of them, she can’t!

I just meant that its possible as it read that she assumed she couldn’t regardless

deliwoman1 · 01/10/2024 14:27

Ah, so I'm pretty sure I don't qualify.

Let's hope HR & Finance take pity on me somehow. 😭

OP posts:
FriendlyNeighbourhoodAccountant · 01/10/2024 14:36

Agree, unfortunately I think you'll qualify for SMP from job 1 but not job 2, and as you say you can't mix and match with mat allowance.

ItTook9Years · 01/10/2024 22:52

deliwoman1 · 01/10/2024 14:27

Ah, so I'm pretty sure I don't qualify.

Let's hope HR & Finance take pity on me somehow. 😭

In what way? Fraud?

dementedpixie · 01/10/2024 22:59

ItTook9Years · 01/10/2024 22:52

In what way? Fraud?

They could choose to offer enhanced pay separate from SMP so that she gets paid something while on maternity leave

deliwoman1 · 02/10/2024 02:54

Yes, enhanced pay. Not fucking fraud, obviously. 🙄 What an idiotic comment.

It’s totally up to an employer what they pay for maternity benefits. I get enhanced for 4 months from job 1 before it drops to SMP only.

OP posts:
ItTook9Years · 02/10/2024 07:49

Sorry, I thought you were wanting them to do something so that you could get SMP, given that was the form of maternity pay that you were asking about. 🤷🏻‍♀️

2mumlife · 02/10/2024 12:08

What you would need to look at is whether you are entitled to any enhanced maternity pay from job 2. Enhanced mat pay is normally based on having a certain amount of time in continuous employment, so if they have considered you continuously employed despite your working pattern, you should get enhanced mat pay.

To give you an example, I also work 2 jobs in HE- (though with the same employer so slightly different, as I'm not entitled to SMP twice from the same employer). Job 1 is straight forward - get SMP and enhanced mat pay. Job 2 I work a tiny FTE (something like 0.16). Job 2 I got enhanced mat pay when I had my DD in Sept 2022. After mat leave I returned to work for a few months over the summer. I then took a temporary reduction of FTE to reduce job 2 to 0 FTE, which was due to end Sept 2024. During this time I have been classified as being 'continuously employed'. I've just started mat leave for DC2 and I am still entitled to enhanced mat pay from job 2. So even though I haven't earned/worked during the qualifying weeks it doesn't matter because it is the enhanced mat pay (not SMP, because this is paid by job 1) that I'm entitled to.

So, I would think you should be entitled to any enhanced mat pay offered by job 2

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