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Do you get any maternity benefits from temping agencies?

28 replies

Mandymoo · 28/09/2005 10:51

????????????

OP posts:
Toothache · 28/09/2005 10:54

Mandymoo - YES!

I started working for an agency a week before I conceived!!! I got full SMP. I'm sure I've told you this before woman!!

As long as you have been working longer than you have been pregnant (in my case only 7 days more) everyone is entitled to SMP..... which is:

6 weeks at 90% pay
20wks at £102.60 per week.

Oh and a nice tax rebate too....

Mandymoo · 28/09/2005 10:55

pmsl toothache - my brain cells have evaporated!! But how can they calculate your 90% pay with temping as obviously its not standard work????

OP posts:
Toothache · 28/09/2005 10:58

90% of your average earnings over the last 6wks I think.... or it might be the last 8wks before you go on Mat Leave. So get in some over time if you can, to bump up the average!!!

sweetheart · 28/09/2005 11:00

your 90% earnings is calculated on your earnings during a qualifying period. This is where it gets confusing - I think the qualifying period is the 15th week before your EDD. I'll just go off and check for you......

Mandymoo · 28/09/2005 11:01

So if i'm only 9 weeks pregnant now i could still get taken on by a temping agency and qualify for smp?

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nailpolish · 28/09/2005 11:02

i worked for a similar type of thing as a temp agency - and i got the same as toothache. they calculated my 90% as 90% of weeks 16-24 average (i think) so i made sure i had loads of work those weeks, so i got a high 90%

find out if they calculate the % over the whole years average or if its a specific part of your pg to make sure you get the best deal you can

hope this makes sense

Toothache · 28/09/2005 11:02

Ah I remember now Sweetheart!

Also, you can start your maternity leave anytime from 29wks onwards.

nailpolish · 28/09/2005 11:03

BUT i had to have been working for 26 weeks before i got pg, with no breaks (apart from earned holidays)

Toothache · 28/09/2005 11:03

Mandymoo NOOOOOOOOOOOOOOOOOOOO!

You have to have been working there longer than you have been pregnant which is why you better just stay where you are and stop moaning!

Mandymoo · 28/09/2005 11:05

BUT I HATE IT THERE!!!!!!!!!

Misread your reply Toothache - thought you said you started temping a week before your delivery!!!! DOH!

OP posts:
sweetheart · 28/09/2005 11:06

to work out the 90% you average the earnings over the 8 week period up to and including the last pay day before the qualifying week. The qualifying week is 15 weeks before your EDD

So.....

count back 23 weeks from when your baby is due. Then make sure in the 8 weeks that follow you do as much OT as possible and this will bump up your 90% pay.

nailpolish · 28/09/2005 11:08

also mandy you need to go back to work for 3 months after youve had your baby, or you have to pay back any mat pay, so decide now if you want the mat pay and to go back for 3 months, or if you want to leave now, cos if you decide after that you dont want to go back then itll be a nightmare.

even if you dont get mat pay from the temp agency (ie you decide to leave) you will be entitiled to stat mat pay (but it isnt much)

Toothache · 28/09/2005 11:11

NP NOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOO

You don't have to pay back ANY SMP! My contract terminated when I went on Mat leave, but I still got SMP.

You only have to pay back any employers contributions over and above the Statutory Mat Pay.... which is claimed back from the government anyway!!!!

sweetheart · 28/09/2005 11:11

NP - you don't have to pay back SMP if you don't go back to work. You only have to repay if your company chooses to give you extra pay during your mat leave and it has to stipulate in your contract that you must repay this money if you don't return to work.

Also I don't think you have to work for an employer before you fall pregnant - I think there is a few weeks grace - but only a few. I'm off to find that out too now....

nailpolish · 28/09/2005 11:12

toothache, you DO

the stat pay is not what im talking about, its the mat pay from the agency

(on bended knee please tell me im right cos i went back to work for 3 months to avoid paying back)

Toothache · 28/09/2005 11:13

Nailpolish - Stat MP is what I described below! 90% for 6 wks, then £102.60 for 26wks.

Only payments over and above that would be required to be paid back.

If you are not entitled to SMP.... you are then entitled to Maternity Allowance from the Benefits Agency..... which is exactly the same as SMP.

I've read up alot about this!

Mandymoo · 28/09/2005 11:13

oh well - looks like i'm gonna have to live in the adult world and stay where i am! Ok another question - I am now 9 weeks pregnant with a due date of 01.05.06 so when is the earliest i can start my mat leave? DONT HATE ME FOR BEING THICK!!!!

OP posts:
nailpolish · 28/09/2005 11:14

shit, im off, getting confused now

(where is that bloody contract, wait til i read it)

nailpolish · 28/09/2005 11:15

the earliest you can start mat leave is 11 weeks before you are due

(really off now, good luck mandy! )

Toothache · 28/09/2005 11:15

Np - You're misunderstanding......

You only pay back anything over and above the 6 wks@ 90% blah blah blah!!!

And I've never EVER heard of an agency paying out anything over the amount specified in SMP.... which does come from your employer.

nailpolish · 28/09/2005 11:16

i think i may cry, this is so confusing

Toothache · 28/09/2005 11:16

Mandymoo - Work out when you are 29 wks pregnant!

Mandymoo · 28/09/2005 11:20

Thanks for all your replies - i'm just looking for any possible way out of my current job but it doesnt look like its gonna happen! X

OP posts:
Toothache · 28/09/2005 11:20

NP - lol... not confusing at all really. Everyone that works gets paid SMP. The amount of SMP is set by the government.... employers can't reduce it.

Employers may choose to offer more money. Some employers may give women 6 months off on full pay, another 3months at half pay etc etc. If you choose to accept that money and not the basic SMP then you would probably be contractually obliged to return to work for a certain length of time (which is really why employers do that).

This doesn't apply to Agencies as they only offer SMP.

sweetheart · 28/09/2005 11:22

I was wrong - you have to have worked for the same employer (or agency) for your whole pregnancy to get SMP.

earliest you can start you mat leave is 12th Feb 06

this website is fantastci and should answer all your questions