Second "job" whilst on mat leave

[SaintEpney]

I am 5 months into my mat leave (planning to return at start of March when SMP runs out) but we are really feeling the financial pinch now.

Does anyone know if I work from home on a freelance basis (nothing like what I do in my "real job") whether I am breaching the terms of my mat leave? I get SMP at the basic rate and can't see anything in their mat leave documentation that indicates I would affect my SMP.

Several of my colleagues at "real" work have 2nd jobs at weekends in bars etc, so am thinking that there are precedents for supplementing income but obviously don't want to jeopardise our already perilous financial situation.

TIA for your advice.

If the current organisation that you work for has an HR department, I would suggest that you speak to them about impact of a second job on your maternity leave and SMP.

If you return to work you technically lose your SMP. www.direct.gov.uk/en/MoneyTaxAndBenefits/BenefitsTaxCreditsAndOtherSupport/Expectingorbringingupchildren/DG_10018741direct.gov

'If you start work with a new employer after your baby is born (if you work for an employer who did not employ you in the 15th week before the week your baby was due) your SMP must stop. You must tell the employer paying you SMP.'

You would be your new employer as a freelancer.

If you go back and do keeping in touch days for your current employer you get paid for them but if you exceed 10 you lose your SMP for the week in which you do the supplementary work.

direct.gov link!

You can work on a self-employed basis and not lose SMP, so if you register as self-employed and do freelance work that way, assuming it's genuinely a self-employed situation, you'd be fine, as long as you are not breaching any of your terms and conditions or rules at work by taking the work. Lots of employers have strict rules about alternative employment.

How does that work then flowery?

If you have no intention of going back then you can use your time on SMP to set yourself up? But you can't do any other work as your SMP would stop? Clearly I'm just way too honest in the way I interpreted it...

And if you were simultaneously employed and SE you could continue with your SE work whilst still being paid you SMP?

You can't do any work for another employer. You can work on a self-employed basis, registering as self-employed with HMRC, and still get SMP.

It's a bit of an anomaly I agree, and doesn't really go along with the 'spirit' of the legislation, but that's the way it is.

techy guidance

Thank you all - I had seen the same info on the direct.gov site and was confused as to the definition of second employer as I will be just working for myself as and when I feel like it.

Was reluctant to approach HR at work in case it would compromise my SMP (work in legal sector, so will have to make sure everything is by the book...) but feel more confident now that I am not going to lose out by knitting a few cushions to sell in the local wool shop.

flowerybeanbag, I will register with HMRC as you mention, though the intention is just to generate a few extra pennies for the household budget, rather than become a cottage industrialist!