I am a PAYE Agency worker and pregnant. I asked the agency whom I worked for to give me the maternity leave policy. This hasn't been supplied but I received this email
"Maternity leave and maternity pay are two different things – she is free to all the maternity leave she wants at any time but below is for qualification for SMP.
If she is PAYE she will need to qualify firstly for AWR (Equal treatment) and then further qualify for Statutory Maternity Pay as per HMRC guidelines and employment law.
In order to calculate her right to SMP she must provide
The qualifications aren’t simple but in essence she must meet the below criteria and send the relevant information and we can then assess her case:
AWR Requirements:
^-Must have worked for us directly, without breaks (ask me later for definition of “breaks” later) for at least 12 weeks continually.
-Have worked at the same client without change and have not had new rates within said 12 weeks.^
SMP Requirements:
-At least 15 weeks BEFORE her due date
-Must send us a request, in writing, confirming the start and ends dates of her maternity leave.
-We require a minimum of 28 days’ notice before SMP can begin. We will then give her a decision within 28 days.
-We will require proof of pregnancy.
-Letter from doctor or midwife
-MATB1 Certificate."
I have been with this agency since the middle of last year and there has been two rate changes in December and April.I think I will not qualify for AWR criteria as I had breaks between 2-8 weeks and work at different sites.
I am due to give birth in Feb. Looking at the gov.uk site, AWR treatment is not accounted for SMP qualification? I thought as an agency worker, I can have the SMP but not maternity leave? Please help.