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Original poster

What am I entitled to?

14 replies

B00cock · 31/12/2019 10:42

My partner and I both work for the same company and our employer is currently trying to goad us into leaving due to a disagreement (however, we believe it’s due to the pregnancy) I am currently 30 weeks pregnant and not sure what our entitlement would be in regards to maternity pay etc if I was to hand my notice in. My partner will probably leave regardless, however I feel trapped in order to earn my SMP. Is this the case, or would we still get what we’re entitled to? Thanks.

OP posts:
dementedpixie · 31/12/2019 12:05

As you worked there when you were 25 weeks pregnant you will be entitled to SMP even if you leave. You can start maternity leave from 29 weeks too. Alternatively sign off sick until you want maternity leave to start and decide after that when you want to resign

flowery · 31/12/2019 12:26

If you are entitled to SMP you will already have earned it, because that is based on length of service and earnings at an earlier point. So if you leave now you get it regardless. However there’s no point leaving. Stay until you start maternity leave, then you have a year to decide what you want to do, and will be accruing holiday throughout.

What your partner is entitled to is completely separate. Possibly paternity leave, or you could look at shared parental leave if you prefer.

Original poster
B00cock · 31/12/2019 18:41

Thank you, if I’m honest the last thing I want to do is leave, I enjoy my job, however, our employer really is making it difficult for us to stay. We’re keeping our heads down for the time being, but I’d just like to keep my options open

OP posts:
dementedpixie · 31/12/2019 18:53

When is your mat leave due to start? You will already have qualified for mat leave and pay so it could start any time from 29 weeks. Take the maternity leave and decide what route you want to take while you are off. That leaves options open to return too

Original poster
B00cock · 01/01/2020 21:46

My maternity is due to start on 17th February. I know this may sound stupid but if I was to leave and my notice period ended before my maternity was due to start how would I get my maternity pay? Would my employer still have to pay it? Or does it come from the government? Or is this the point where I lose out? I know it sounds daft I just want to know what’s right before I act.

OP posts:
dementedpixie · 01/01/2020 21:56

They would still pay it to you monthly like your salary. Once you qualify for SMP/ leave then they have to pay it whether you resign or not. Dont know if they could pay it in a lump sum but you may pay more NI, etc that way.

cabbageking · 02/01/2020 01:49

It disadvantages you to leave a job when on maternity leave.
You would lose all the holiday and bank holiday pay.
You lose the opportunity of 10 days KIT days where you usually negotiate 10 days pay for 10 days work whilst on maternity leave.
If you start work with another employer SMP stops.

Therefore if you intend to take the full 52 weeks off then take the years holiday entitlement added on you should continue with the same company on maternity leave. There is also no gap in your employment record as you continue to be employed.
Giving your notice in does not make financial sense.

daisychain01 · 02/01/2020 06:17

if I’m honest the last thing I want to do is leave, I enjoy my job, however, our employer really is making it difficult for us to stay.

What is your employer doing to you specifically to "make it difficult" for you to stay? You do realise they could be flouting UK employment law by forcing you out when you're pg. That's direct discrimination under the Equality Act (2010). I'd be pointing that out to them if I were you.

Original poster
B00cock · 02/01/2020 07:46

I totally understand giving my notice doesn’t make financial sense, however at this stage there’s more to life than money. If I’m completely honest we’re both in the catering trade where it wouldn’t be practical to raise a baby with the hours we currently work anyway so it was only a matter of time

OP posts:
ittooshallpass · 02/01/2020 07:49

For the sake of 6 weeks I'd stick it out...

AdoreTheBeach · 02/01/2020 08:07

OP, try to stick it out if you can. If not, being in the catering trade, long hours - and are you on your feet most of this time? If so, I’m sure your GP would sign you off (or can you start maternity leave earlier?).

Absa · 02/01/2020 08:13

I would def stick it out for 6 more weeks as you will then accrue A/L whilst on SMP which you can use at the end of SMP and then if you want to leave , go then. If you really can't stick it out anymore, just take whatever A/L you have left then start SMP now. Don't leave, take SMP instead.

flowery · 02/01/2020 08:18

If you resign now you would lose out, yes. You’d still her SMP but you’d lose out on 28 days’ holiday pay plus the advantages of remaining employed mentioned above.

I don’t know what your notice period is but surely the difference is only going to be a couple of extra weeks? You could be off sick for those anyway.

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