Maternity Pay

[Han0057]

I gave my employer my MatB1 back in September and went on maternity leave from early October. I didn’t fill in the form I was supposed to or tell HR/payroll when I was starting my maternity leave so they have sent me an SMP1 form with the reason I didn’t tell them on time and confirm dates with at least 28 days notice. Can they really not pay me any maternity pay?

Well you didn't comply so technically yes, they don't have to.

However I'd hope most decent employers would give some leeway.

Why didn't you tell them / complete the form?

I told my own manager when we met and she didn’t say anything about a form. HR had sent me the form and the policy by email and a reminder but I only glanced at it and just didn’t realise. It is my fault but I dont know what to do now

Check gov.uk

www.gov.uk/maternity-pay-leave/how-to-claim

It doesn't sound like you gave them enough notice but hopefully you can claim Maternity Allowance from the government instead...

www.gov.uk/maternity-allowance

Well you explain why you didn't tell them so that they can sort it out.

So they sent you the forms and then another reminder to fill them in but you ignored both? Have you read the policy now and what does it say about late forms? Try and explain to them and see what they say?

It does sound though that you gave them the MATB1 quite late / short gap between the handing in of form and starting mat leave too (it’s usually months). Did your baby come early? In those instances the 28 day notice isn’t always practical, obviously.

You needed to notify them of your maternity leave by 15 weeks before your due date, and for SMP you needed to notify them in writing of your dates etc by 28 days before you want it to start.

They can refuse you SMP if you didn’t give the correct notice. As it doesn’t cost them much it seems a bit harsh, but yes they can refuse it. Is your manager supportive and able to ask if an exception can be made on your behalf?

I don’t know whether failure to give correct notice to get SMP would entitle you to claim Maternity Allowance, which is for women who aren’t eligible for SMP.

Yes they can really not pay you Mat pay if you’ve failed to notify them in time. The forms they use to notify you are on Gov website so clearly legal. You can try and plead your case but it seems a bit strange you didn’t bother looking at them or asking.