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Quitting job at ~27 weeks

7 replies

OlafsTwig · 20/05/2019 10:00

Fixed term contract (with original end date after ewc), with no OMP, but qualifying for SMP.

What happens if you quit between last week of qualifying period (16 weeks before ewc), and the normal earliest possible start of mat leave (11 weeks before ewc)?

OP posts:
Cuppa12345 · 20/05/2019 10:02

Do you mean will they still pay you smp? No, you'll have resigned from the company so won't be entitled to it.

OlafsTwig · 20/05/2019 10:14

Not me but yes, that's the question.

If no SMP then MA? How does that work with SMP1 - there's a box for "we won't pay SMP because not working in qualifying week", but not for "we won't pay SMP because going to quit in two weeks".

If the contract end date was between 16 and 11 weeks before EWC, would that still apply?

OP posts:
Cuppa12345 · 20/05/2019 10:18

If you resign after the 15 weeks before your EWC you'll still be entitled to SMP.

Maternity Action have a whole page on resignations, I can't link the factsheet annoyingly.

flowery · 20/05/2019 10:19

Yes you absolutely will be entitled to SMP! Once you’ve qualified for it you’ve qualified for it. Leaving employment doesn’t nullify that. You cease entitlement to it if you start work for someone else, but if you don’t do that you still get it from your employer even after you’ve left employment.

OlafsTwig · 20/05/2019 10:22

Found that factsheet. Thanks.

Answer to my original question: you get SMP but it only starts being paid 11 weeks before ewc.

OP posts:
flowery · 20/05/2019 10:26

Well yes, because that’s the earliest time SMP can start.

OlafsTwig · 20/05/2019 10:26

Cross posted with you, flowery. That's what I thought, but wasn't sure when it started being paid and wanted something more concrete in terms of evidence than just "what I thought"!

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