Unpaid leave before maternity leave

[Newmumtobe25]

Hello all!
New mum to be here! Im really hoping someone could help me.
Im 28 weeks pregnant this coming monday. Im due to go on maternity leave end of January, using my last 3 days of annual leave just before and then to start SMP start of February.
Im physically and mentally exhausted in my 9-5, 5 days a week job, the back and pelvic pain is just getting worse. I just cannot stick it anymore.
im wondering does anyone know if I can take unpaid leave most of January and still request to start my SMP in February?
ive been told by a colleague in work that she doesn't think so, but im new to all this so just wanted to know if anyone has done this or heard of doing this before.
TIA ☺️

Hi all , sorry im really confused. Sorry everyone.
here is a picture of the policy at my work.
i think you might be right actually now??

Apply for maternity allowance x

You need to apply for maternity allowance, you aren’t entitled to SMP as you hadn’t been employed 26 weeks at the 15th week before your EWC.
If you were pregnant when you started you definitely aren’t eligible.

Your employer needs to give you an SMP1 form to say you don't qualify for SMP and then you can apply for Maternity Allowance. The only difference is that you don't get the 6 weeks at 90% of salary and it's just a set rate for 39 weeks.

This is the bit of policy that applies.

Yes so it says there “you must have been continuously employed for at least 26 weeks ending with the qualifying week” which means 25th week, you do not qualify x

That must be really hard. I think your best option is to get signed off sick. Unless they can give you a desk job like reception. On your feet all day sounds grim.

My GP was very happy to sign me off for pregnancy fatigue. It's worth asking.

When I emailed my employer the request of maternity leave and when id like it to start and when im finishing a few weeks ago.
He did not say anything about this.
im worried now, if i apply for maternity allowance now it wont give me the full amount, should have i applied for it a while ago?

You're supposed to apply when you're 26 weeks

Ive already asked if i can do desk and the comment back was , theres no job here for you if you cannot nurse..

Have you given them your MATB1 form? That should be done at 20 weeks and will have your due date on, so it would be flagged that you are not eligible.

You can apply for Maternity Allowance instead and the only difference is you don’t get the first 6 weeks of 90%, it’s straight onto the weekly amount.

Yes MATB1 for given at 20 weeks, my boss has not told me im not eligible.
if i was to apply for maternity allowance now, whens the soonest i could go off?
if i was to go on sick and get note from GP before hand. Who do i tell for maternity allowance start. Or as is it the fact as soon as you apply for maternity allowance then you get it straight away for 39 weeks ?

With maternity allowance you can apply for the payments to start any time between 29ish weeks and the due date (or actual birth date? I don't quite recall!)

Speak to your employer as you are not eligible for SMP.

You can apply for Maternity Allowance from 26 weeks and payments can start from 29 weeks. But you do only get 39 weeks of pay, you are entitled to 52 weeks off but only 39 weeks of pay.

Get signed off sick for the 4 weeks - but check your contract they don't bring your mat leave forward as some companies can do that

Thank you everyone!
thats the only reason i stayed there as i thought i could get smp if i stayed until 6th January thinking i would have been there 26 weeks working and could qualify for it.
i feel so stupid now, that i could have moved jobs to an easier job and then get maternity allowance

I would just get in touch with your employer today to make sure you are all on the same page re. SMP and then get looking at Maternity Allowance.

It can be tricky to understand but yes for SMP it has to be 26 weeks by the 25th week of pregnancy.

Yes I will thank you.
if i was to get a sick note for next 4 weeks from GP and then to start maternity allowance 13th January ish. Would this work?

Echo others - lots of places have caveats that if you go on sick leave after x number of weeks gestation you automatically have to start mat leave.

Hi,
Is that 26 weeks employed though with the same employer or can be made up of previous too ? Cause when i had looked at maternity allowance few weeks ago it asked for previous employment too

MA can be previous employers, as long as it accounts for 26 weeks in the 66 weeks before your baby is due.

Eligibility
You can get Maternity Allowance for up to 39 weeks if you’ve been either:

• registered as self-employed for at least 26 weeks in the 66 weeks before your baby’s due
• employed for at least 26 weeks in the 66 weeks before your baby’s due

If you’ve been employed, you must have been earning (or classed as earning) £30 a week or more in at least 13 weeks of your employment.

The weeks do not have to be together.

You may still qualify if you’ve recently stopped working. It does not matter if you had different jobs or periods of unemployment.

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

You can claim from when you are 26 weeks and choose when you want payments to start

That only kicks in 4 weeks before the due date so at 36 weeks pregnant

This doesn't account for SMP?
it has to be the same employer for 26 weeks?