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SMP and fixed term contracts

6 replies

MilesGabe · 13/04/2023 08:08

Hello, I know there are a lot of threads on this. But still a little confused about my situation.

I started my 1 year fixed term contract late June. I am due the middle of September with my second DC and have told my manager and HR about it. I will be sending them the MAT certificate as soon as I received it, which is in a coupe of weeks.

Because my contract ends before I would of normally taken maternity leave. Does that mean they aren't entitled to give me SMP because if they don't renew my contract, I won't be a employee of theirs anymore.

Any help with this is much appreciated. My contract doesn't really say very much at about maternity leave. It just says "speak with HR".

OP posts:
Foreversearch · 13/04/2023 23:35

@MilesGabe when is your FTC due to end? If it is after the 15th week before your due date I believe they should pay your SMP. They can pay your SMP as a lump sum payment so you may need to liaise with HMRC to get a refund of NI and Tax.

RC1992 · 06/08/2023 22:30

Hello, I’m also in the same boat as your query. Just wondering if you managed to get the answer? RE then paying the SMP?

MilesGabe · 01/09/2023 19:18

Hi @Foreversearch and @RC1992 thank you so much for messaging! Thanks for the advice @Foreversearch and @RC1992 I did get it all
sorted. I’m entitled to SMP. But not entitled to my previous work’s advance MP. The only thing that’s a little different is I got my SMP in one big payment in my last paycheck. Which makes me look wayyyy more rich than I am. Have to remind myself it has to last me the 9 months off!

It didn’t turn out to be a hassle either which I was a bit worried about. But you should be ok. X

OP posts:
Foreversearch · 01/09/2023 19:34

@MilesGabe good news. Just make sure you contact HMRC and get the tax & NI back.

Enjoy your mat leave.

dementedpixie · 01/09/2023 19:37

RC1992 · 06/08/2023 22:30

Hello, I’m also in the same boat as your query. Just wondering if you managed to get the answer? RE then paying the SMP?

If you are still employed at the end of your 25th week then you qualify for SMP even if your employment ends after that. Even if you don't qualify for SMP you could qualify for MA instead

MilesGabe · 01/09/2023 19:38

I will indeed! It would of never crossed my mind if you hadn’t mentioned it so thank you.

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