SMP Query

[Gandalf112]

Hi,

Has anyone ever changed jobs before they went on maternity leave and the old employer still paid SMP as you were eligible?

I've seen conflicting evidence online. I won't be entitled in my new role so if I don't get SMP it will be maternity allowance.

Thanks

@Gandalf112 https://www.gov.uk/guidance/statutory-maternity-pay-employee-circumstances-that-affect-payment#employee-leaves-job

If you meet all the eligibility criteria including giving the correct notice https://www.gov.uk/maternity-pay-leave/eligibility you should get paid from the Sunday of the 11th week before EWC. They can pay in a lump sum.

If you are still employed in your old job when you are 25 weeks pregnant then you qualify for SMP regardless of if you leave after that. You would get leave and no pay from your new job.

@Sisterpita

Hi, thanks very much for that link. I hadn't seen it before.

There's this bit of information on that website:
Employee starts work with another employer after the QW and before the baby is born
If your employee starts work for another employer after the QW, but before the birth of the child you do not have to pay SMP for any weeks they work for that employer after the baby is born.

You must reinstate SMP for any full maternity weeks your employee does not work for that employer after the baby is born.

If your employee’s contract with that employer ends during the MPP, their entitlement to SMP will restart until the end of the MPP.

Would you mind imagining the scenario that I start my new job on the 20th November. I'll likely be booked in for a C-section around the 4th January so would ideally not refund to work after Christmas for 9 months. My new employer won't pay SMP so would you expect given information in the link to get paid SMP from my previous employer during the weeks I'm off?

This could be hypothetical if I don't get a job offer before going on leave but I'd be surprised if I didn't.

Thank you

So you wouldn't get full SMP if you return to the other job before the end of the paid SMP period? That's how I read it anyway. So if you go back to work earlier your old employer wouldn't pay SMP when you are earning a wage from your new employer.

Hi @dementedpixie ,

That's my understanding. If I'm still entitled to SMP but return to work earlier then my SMP would stop. But whilst off I should get SMP?

I read it as you should get SMP from when your baby is born as you are on unpaid SML.

If they are being difficult ask your former employer to complete form SMP1.

Thanks,

I've had a look at the SMP1 form and this is the only bit they might be able to tick:
You cannot get SMP if you have started work after the birth, for an employer who did not employ you in the 15th week before the week your baby was due.

But if she's still working up to the qualifying week and has qualified for SMP then they won't do an SMP1 form.

@dementedpixie I am making an assumption that the former employer is refusing to pay SMP. Asking for an SMP1 because they are refusing to pay should make them realise they do have to pay.