Question for Payroll staff please surrounding SMP in a commission based job.

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My employer pays the standard SMP rate. I am aware that for the first six weeks I will receive 90% of my pay. My monthly pay differers greatly, some months my take home would be £1500, other months it could be £3500 (due to commission, no bonuses). Which months will my employer base the 90% pay from? I completed the government maternity calculator for employers on the gov website and it asked for my pay before tax and NI between December 22 and January 23 which happened to be very generously paid months. Is this what my employer will use or is this just guidance/example? Surly with the choice they would choose my worst paid months to base the 90% from?

They have to use those qualifying weeks. I know of a few people at my company who got lucky as their qualifying weeks were when bonus was paid so their maternity pay was significantly enhanced.

The qualifying weeks are set weeks, your company can't not pick and choose which weeks they use. If you've put the correct info in to the gov calculator then it looks like you're going to be lucky as your qualifying weeks were some of your higher paid weeks.

They have to use the qualifying weeks. I was in the same boat as I work in a commission based role. Don't forget as well that if you get your commission a month after (for example I get paid my February commission with my March pay) you should get your SMP + the commission owed.

They have to use the specified weeks - they claim the 90% back from the government anyway

Hi all, thanks so much for your responses. That has made such a big difference to my financial survival during MAT leave. I have been saving and scraping every penny so I can get by on the 9 months, looks like I have already hit my target now and will have some extra savings left over for Xmas presents, MOT, etc. few!

@mummyh2016 The company have said they are happy to pay any commission owed for the whole duration of maternity leave. Although based on my job it will probably be four months into my leave max. Is this just paid on top of SMP? X