advise about maternity pay

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I hope someone can help!

Last june (ish) i started a zero hours contract with a large company. The job is a seasonal one throughout the summer. This year the contract had been changed and the hours are spread out over the year, ie 5hrs a week. But the hours are actually all worked in the summer.

When i came back at the start of this summer i was expecting a zero hour contract, so i was pleased with a proper one.

Where do i now stand with regards to maternity leave? I am now 22 weeks, due the end of the year.

I am sure the company had a generous maternity package, i am just not sure if i am entitled.

In terms of maternity leave, you will be entitled to it - everyone is.

Maternity pay is the issue.

To be entitled to SMP, you need to have been employed for at least 26 weeks by 15 weeks before your due date, and you also have to earn, on average, over the lower earnings limit for NI (currently £111/week). SMP is then calculated using your average weekly earnings from week 26 - 34 of your pg (I think), and the first 6 weeks of leave are paid at the higher of 90% of those average weekly earnings, or the prevailing SMP rate at the time. The remaining 33 weeks are paid at SMP.

If you don't qualify for SMP, you may be able to claim maternity allowance - there is a handy calculator here www.gov.uk/calculate-your-maternity-pay/y

Your eligibility for enhanced maternity pay will depend on the employers' policy.

So i was employed on a zero hour contract for a year before i got pregnant, although i only had a wage for 6 months then no wage during the winter. But i think my wage during those 6.months, if split would equate to at least £111 over a year.
I have never had to do this before and really wanted to try and go to my employer with all the facts. I think they'll try and get out of paying me!- cant blame them!
The zero hours thing seems to be confusing matters

The average over the year doesn't matter. SMP is calculated based on your average earnings during an 8 week qualifying period which is the 8 weeks leading into your qualifying week. Your qualifying week is 15 weeks before your due date, ie when you are 25 weeks pregnant.

If you put your information into this calculator it will tell you whether you're eligible and how much you will get.

So if i am finishing for the summer at around 22 weeks? Really i am entitled to nothing?

No, its your average earning between weeks 17 and 25 that matter.

If you don't earn enough in the qualifying period to get SMP, then you will probably be entitled to Maternity Allowance from the government, which is the same as SMP but without the first 6 weeks at 90%, it's at the same set rate throughout instead.

Thank you. Not really what I wanted to hear, but thats not your fault!

Might you not have earned enough during weeks 17-22 for the average to still be enough?

Will you still be technically employed after 22 weeks, even if not actively working, or is the contract terminated at that point ?

I dont think so flowery.
Lizs i will still be employed. The contract is for X amount of hours a week over the year but they get clumped up over the summer.

Oh shame. Still, maternity allowance is only less over the first 6 weeks anyway.