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SMP qualifying period

4 replies

GemBean · 17/04/2007 11:23

I started a new job in January following a year off work with dd. This job was through an agency but on the 5th March I was taken on permanantly by the organisation. I have just found out I am pregnant again (THRILLED!) and will be due around the 6th December. Looking at the SMP rules, you use the 15 weeks before due date as the qualifying period and work back 6 months from that to be eligable. Turns out I will miss out by 2 weeks! Am pretty disappointed to say the least. My question is (finally!) will I be able to count the time I was paid by the agency in the whole thing, or is it classed as 2 seperate jobs and therefore not relelvant? If I can, then Im quids in, but I suspect I wont be able to. If anyone knows much about this I would be really grateful.

OP posts:
lou031205 · 17/04/2007 11:57

Hi GemBean

Your due date will be crucial to whether you get SMP.

Using www.tiger.gov.uk, I keyed in your dates.

(You click on 'get personalised help with your maternity').

If your due date is confirmed as 06/12/07, you don't get statutory maternity pay.

If your due date is put back on your scan to just 3 days later, so 09/12/07 or later, you DO qualify for SMP.

So, like I say, for you it is crucial that you get your dating scan & just hope that your cycle is a bit longer than you thought!

Is your cycle 28 days? If it is normally longer, you might find you are due later anyway.

Was your LMP 01/03/07?

If you are not entitled to SMP, you can still get Maternity Allowance, and that is 39 weeks at £112 or 90% pay (whichever is lower). Only difference from SMP is no tax or NI, but you don't get the 90% for 6 weeks, only £112.

GemBean · 17/04/2007 14:13

wow Lou, thanks so much for this, yes my LMP was 01.03.07, and my cycle is pretty much 28 days, so will just have to wait on the dating scan i guess. i didnt know that about the other form of allowance, so i will look into accessing that. thanks again, really helpful

OP posts:
EllieKthePA · 17/04/2007 14:19

you could also try talking very nicely to the mw after the scan, i was in the opposite position, was agency for most of pg and then taken on by firm at the end. i needed my due date to be early as poss so they changed it at scan from 15th April to 9th as the scan showed the 9th (they wouldn't normally change your dates here unless there are 7+ days difference)

GemBean · 17/04/2007 16:15

yeah, Id thought about that actually, so may mention my predicament to the mw and see what she says. thanks Ellie

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