Not entitled to maternity leave but entitled to SMP?

[LeedleLee]

Maternity leave question!

So I'm currently pregnant, due in July. I just got a letter from my job saying that, because I'm an agency worker, I don't qualify for maternity leave, but I do qualify for maternity pay??

So what exactly does this mean? Does this mean I can still take nine months off (I'm entitled to 9 months of maternity pay) but it just won't be considered maternity leave, just regular leave? I'm rather confused!

Thanks!

I should clarify I am entitled to SMP, not maternity allowance.

www.acas.org.uk/agency-workers/understanding-your-employment-rights-as-an-agency-worker

Reading that might help. No you don't qualify for maternity leave, shared parental leave etc but you do maternity pay. You just class as unavailable for work.

I think the mat leave thing means that they will simply seek an alternative agency staff during the period of time you are off. You aren't their employee. They have a contract with the agency to supply a member of staff for a set amount of hours each week.

I'd contact the Agency with regards the time you will be unavailable to work.

Maternity Pay can also be discussed with the Agency but it's likely you will have to claim Maternity Allowance direct from the government instead

Thank you all.

@BernadetteRostankowskiWolowitz According to the letter I am entitled to SMP (90% pay for six weeks and then £156.66 a week for 33 weeks).

Who did the letter come from? The company or the agency?

Who does your usual monthly salary come from? The company or the agency?

@BernadetteRostankowskiWolowitz Agency for both.

It also means that when you return you have no automatic right to have your job back