Maternity pay, average weekly earnings

[maternityhelp]

My work policy says average weekly earnings are calculated from the 26 weeks before the qualifying week (15th week before due date), however gov.uk says 'The relevant period:
This is usually the 8 week period before the qualifying week.
The end of the relevant period is the last normal payday on, or before the Saturday of the qualifying week.' Now the use of the word 'usually' is leading me to think that's it's not a firm rule of 8 weeks? Is that correct? I was signed off work in Dec so if I goes by my works' calculations of average of 26 weeks it'll affect me quite a lot, I'm wondering if I raise it with HR about the gov website saying it's an 8 week period and not 26 week period? Any advice please?

I think it is 8 weeks. Your 90% is calculated based on the average over 8 weeks. Your employer would have used this calculation on other staff.

If you have been off sick within that period then it will affect you 90%.

I'm sure its 8 weeks. The 26 weeks are you having worked for your employer for that period before maternity, so that you qualify for smp.

You also need to be over the minimum threshold. I think it is 8 weeks or equivalent pay periods as monthly pay may differ slightly to 4 weeks.

It’s based on weeks 17-25 but will vary slightly if you are monthly paid. There is an online gov calculator that you can put the figures in, which will be the equivalent of what your company will do. It’s not negotiable weeks if you have time off sick.

thank you. I'm currently 11 weeks pregnant and back full time now, so the 8 weeks should count between 17-25 weeks pregnant as I understand it where I'll be on full pay. The work policy clearly states its calculated over a 26 week period to get the average weekly earnings so I'll raise it with them as I was on sick leave for the first 8 weeks of my pregnancy

@BlueTimes cross post, yes I thought it would be roughly weeks 17-25 of pregnancy, thank you

If it's SMP then pp are correct. If it is the top up occupational pay it will be dependent on your employers policy which could use a different criteria.

@maternityhelp

thank you. I'm currently 11 weeks pregnant and back full time now, so the 8 weeks should count between 17-25 weeks pregnant as I understand it where I'll be on full pay. The work policy clearly states its calculated over a 26 week period to get the average weekly earnings so I'll raise it with them as I was on sick leave for the first 8 weeks of my pregnancy

That’s not SMP then, it’s an enhanced maternity package which will be your individual company’s benefit. Have a chat with them and see what they say about your sick leave.

@BlueTimes it's definitely only SMP, I wish they were generous enough to give more 😩
Here's the part of the document, the bit by the red mark...

I think they have phrased it badly. As long as you started working at least a week before your pregnancy and are earning enough time meet the minimum threshold during your qualifying weeks or closest two months, then you will get SMP. They cannot change the eligibility rules on it.