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SMP & getting pregnant on mat leave

3 replies

Abustleinyourhedgerow · 13/01/2021 16:54

Hey, hoping someone else might’ve been in similar position and be able to comment. Or a HR guru who may know!? Am currently on month 3 of mat leave and receiving SMP. Thinking about trying for next baby before I go back to work so is a possibility I could be returning to work pregnant. I’ve read the gov.U.K. guidance and it says you must ‘have worked for your employer continuously for at least 26 weeks continuing into the ‘qualifying week’ - the 15th week before the expected week of childbirth’.
Does this mean actively working, ie back at work and not just ‘employed’? And if this doesn’t apply I would then be eligible for Maternity allowance (provided I met those criteria)? Many thanks

OP posts:
flowery · 13/01/2021 17:24

It's not just about worked, it's also about earnings. You are still working for them, as in, you are employed, but if the 8 weeks leading into the qualifying week are when you are already off, you might not meet the earnings criteria for SMP. In which case you probably would be eligible for maternity allowance, yes.

TierFourTears · 13/01/2021 17:30

Your SMP is based on your earnings the 8 weeks before the qualifying week (roughly 17-25 weeks pregnant).
If your payslip says 0 earnings those weeks, your SMP is 0.

MissKhan1990 · 26/01/2021 20:40

Also if your baby is not due until after your current maternity ends you will need to work in that period up until you can start your maternity for your new pregnancy.

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