Won't qualify for SMP

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Hi All,

I tested positive yesterday, first day of last period was 17th May and I have a 23-24 day cycle so I'm around 3 weeks I believe?

I'm currently working for an agency, started my first placement on 13th May. I know they usually you would be eligible for SMP if you had worked 26 weeks before the qualifying week. From what I can see online, agency workers are not eligible as they are not afforded the same rights as an employee until they've worked 12 weeks?

Does anybody know if this is correct? I've now realised I don't have a contract with the agency also.

I know that Maternity Allowance is an option, my NI contributions are full for last year and I intend on continuing working.

Can anyone advise or does anybody have experience of this? Is there anything I need to be aware of?

Thank you in advance

If you’ve not already, I strongly advise that you contact the Maternity Action helpline as they can advise on what your rights are as it is complicated and confusing being an agency worker and pregnant (or at least I found it confusing)!

https://maternityaction.org.uk/advice-line/

I was in a similar position, but I knew I was pregnant when I started, as did my agency, so I recovered Maternity Allowance. To qualify for Maternity Allowance there are certain criteria to qualify

• you need to have been employed under an employment or agency contract for at least 26 weeks (not necessarily in a row) in the 66 weeks before your expected week of childbirth
• you have 13 weeks (not necessarily in a row) in which you worked and earned over £30 per week on average.

You then pick the highest 13weeks payslips to send off to the DWP to work out your average earnings. You need to have earnt at least £168 per week for the 13 weeks to qualify for the full allowance.

Good luck!

Thank you so much @CrispyChilliOil this is so helpful. It does seem a little bit tricky as I've read conflicting info, some sources online said I would be eligible for Mat pay but not Mat leave with the agency.

I think I'll be okay as long as I'm eligible for the maternity allowance. Left a long term job in Jan, started a new role in Feb that unfortunately didn't work out and had a few weeks off before starting with the agency so all over the place!!

Thank you again x

Hello,

Hopeful bump. I've been unable to get through to pregnant then screwed and maternity action line despite calling most days non stop- they must be very busy!