New job offer/maternity leave/start dates - anyone else?

[Mangopassionfruit]

Off the back of an interview I had before I was pregnant I was offered a job in a completely different career.

I am just wondering if anyone else has been in this position and what you did regarding leaving old job/starting new job and maternity pay etc?

I wouldn’t be eligible for my current employer’s additional maternity pay as I’m not going back. Due to my notice period I wouldn’t be able to leave my current role until 3 weeks before my due date.

I thought no matter what I’d still be entitled to SMP from my current employer but have since found out if I was to hand in notice at the start of my maternity leave I wouldn’t get it. We’d also therefore miss out on shared parental leave/pay (I think, please correct if not true!). Feel like this is a big sacrifice! It’s one I’d probably be willing to do but obviously the ideal for me would be to leave my current employer at the end of my mat leave and then immediately start with new employer. But would there be reasons why my new employer wouldn’t do that? It’s government role so all very ‘by the book’

I just would like to hear any helpful advice or experiences people have had? Thanks so much ☺️.

I'm not clear on your timeline, but did you start a new job while you were pregnant?

If yes, you won't qualify for SMP regardless of whether you resign or not. You need 26 weeks' service at your qualifying week (which is 15 weeks before your EWC).

Or do you mean you're still with the original employer, trying to decide whether to move jobs?

I’m still with original employer. Can’t leave there until 3 weeks before due date!

As long as you stay with your original employer until your qualifying week (15 weeks before your EWC), you will qualify for SMP.

www.acas.org.uk/your-maternity-leave-pay-and-other-rights/working-out-maternity-pay

Is this definitely true? I was told by Pregnant then Screwed that if you resign then you don’t get it, that clause is just to protect people made redundant? The government website is just so unclear!

Why would you get SMP from a business that is no longer employing you?

Why not just resign while on mat leave. Give the correct notice towards the end of your leave and then start the new job afterwards

Because once you qualify you qualify regardless of whether you leave after that

maternityaction.org.uk/advice/resigning-from-your-job-during-pregnancy-and-maternity-leave/

From the link above:

Once you have qualified for SMP you are entitled to receive all of it from your employer for 39 weeks even if you resign from your job, you are dismissed/made redundant, your contract ends or you decide not to go back to work after maternity leave. SMP is not repayable. Please note however that if you start working for a new employer during your SMP pay period, your SMP will cease to be payable, see below for more information.

Isn't that final sentence fairly critical here?

I resigned while pregnant and moved to a new job so claimed maternity allowance instead from the government. My partner and I still did shared parental leave. Should work for you if SMP not applicable I think!

No they are wrong. Once you are entitled to SMP you remain entitled to it and it will only stop if you commence work for a new employer after the baby is born.

why don’t you start your maternity leave sooner and only resign with the appropriate notice before you start the new job?

But OP talked about starting the new job at the end of her mat leave not during it

Bit yes, starting a new job during the paid part of leave would end the SMP

Because it’s the law

The rules about how a woman qualifies for SMP are clear. And employers can't then squirrel out of it by making a woman redundant in her last few months of pregnancy.

Also, don't forget that the employer is not left wholly out of pocket. Most employers claim back 92% of SMP, and small employers can claim back 103%.

Because I feel that I earned it while I was there… This is my question though 😂 and it seems that my initial thoughts were in fact correct, phew!

My new employer implied they wanted me to resign sooner and I just wanted to check my rights before I spoke to them again. Your scenario would be ideal if new employer agrees!

Incredibly helpful, thank you!

Great news about SPL!! Thanks. Really hope it works out and pleased it did for you!

I’m a teacher and want to see this term out with my class so can’t start it earlier but I’m hoping now I know what @dementedpixie showed is true then there are a couple of options so hopefully we can all come to an agreement that suits everyone 🤞!!

🥳🥳

Exactly that’s what I felt… as I’m already not getting occupational mat pay (obviously and understandably, not complaining about this!) it just seemed a bit unfair I’d miss out on SMP too!