Agency worker - No rights.

[Firsttimemumeek]

Hi, I work full time for an agency as a worker not an employer. I am currently 11 weeks pregnant so have been looking at what my rights are/aren't.

I have worked here long enough to get the standard Maternity pay but as a worker I don't get Maternity leave. This confuses the hell out of me.

So I get MP but don't have ML? Then if i'm earning I don't qualify for MP as id earn too much?
So do I not turn up for work and still get my MP?

Its bad enough I can't get ML to spend time with my new baby (first) I'm just seeing whats the best for me/baby for the first year.

Thank you

Hi,

It sounds as though you are eligible for Maternity Allowance. This is the equivalent of Statutory Maternity Pay but is paid by the government (via the Job Centre) rather than by an employer.

It is paid for up to 39 weeks, the same as SMP. It stops once you return to work, same as SMP. You can choose when this is, anytime between 2 weeks and 39 weeks from the birth of your daughter.

So yes, you don't go to work for that time and are paid, the same as for women on 'maternity leave'. The only difference is that unlike someone on maternity leave who is an employee, you aren't entitled to return to your old job (because as a worker there is never a guarantee of ongoing employment).

All the forms and explanations are here:

www.gov.uk/maternity-allowance/

Depending on how long you want off and what your agency's processes are, you may need to re-sign up with the agency to start work with them again. You should check with them how this will work and what the likelihood is of being able to go back into the same role/with the same company, assuming that's what you want (although I would guess they will say they can't promise anything).

I thought everyone was entitled to 52 weeks mat leave. Why is that different for a worker, where have you seen that info?

www.maternityaction.org.uk/advice-2/mums-dads-scenarios/pregnant/maternity-and-parental-rights-for-agency-workers/ don't know if this helps or not

The link dementedpixie posted above is good. First be absolutely sure you are a worker rather than an employee of the agency. That link gives some guidance on that - just because they say you are a worker doesn't mean that's necessarily the case.

If you are an employee you can take 52 weeks statutory maternity leave and have your job (or a suitable one) held for you to return to.

If you are genuinely of worker status rather than employed status, you may be entitled to maternity pay, and of course can take time off work to spend with your baby, but the difference is your job does not need to be held open for you as it would with statutory maternity leave.

Thank you. I'm definitely a worker. Okay so that makes more sense. So I get MA for the same length I'm just effectively unemployed. My boss said he wouldn't mind me back. Hopefully the agency feels the same way.

Thank you x

You don't need to be an employee to get SMP