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Am I entitled to SMP Maternity Pay 2nd time round if pregnant when on maternity leave?

2 replies

NIAMEL · 31/05/2012 15:41

I am currently on maternity leave (since 6.5 months) and am expecting another baby due in Nov 2012! Am I entitled to SMP Maternity Pay if pregnant when on maternity leave for the 2nd time from Nov 2012 onwards?
My companys Maternity Policy does not state anything except: 'It's important that you work up to the 15th week before the week in which you expect your baby. If you do not, you will lose your rights to SMP, Unless you are certified as incapable for work.'

From my understanding even thought I am on maternity leave I am still classified as 'employed' by my employer and therefore should qualify for maternity leave. Am I correct?

I would really be gratefull for any help as I'm really confused! Thank you in advance for any help and advice : )

OP posts:
puddleofpiddle · 31/05/2012 16:06

I had a similar situation - I wasn't sure if I was entitled to company maternity pay as I was pg on maternity leave. In the end it turned out I wasn't entitled to company pay but I did receive SMP. I had to send in 3 or 4 payslips from the previous financial year and ended up slightly better off IIRC. This link is useful.
It's been a couple of years and I remember going round and round the houses to get a straight answer but I think I ended up with SMP because I took part of my leave unpaid (ie I took the full 9 months paid leave and tagged on an extra week unpaid to avoid having to working Boxing Day) and the unpaid week was the 15th week before my due date Confused
It might be worth contacting your HR dept (although mine were hopeless and I had to work it all out on my own :( ) to find out where you stand.
Hope you get it all sorted out quickly!

flowery · 31/05/2012 19:36

There are two qualifying requirements for SMP, the first is length of service, which you meet fine, as your employment continues throughout maternity leave.

The second is earnings. SMP is calculated based on your average earnings during weeks 17-25 of your pregnancy, so if you're on unpaid maternity leave then, you won't earn enough to qualify.

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