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Original poster

I can't work it out, I don't feel well! Help.

17 replies

Pinkjenny · 24/04/2008 10:20

OK, so I have never been very good at calculating maternity etc, so am looking for some help. Flowery, are you there? I'm rubbish at maternity.

I have been working for an agency since the end of Feb, and my current interim contract is until December. I am covering mat leave, so she will confirm her intentions in October. Still with me?

Good. So, if I get pregnant while still working for the agency, that's fine isn't it? As long as I was still here 11 weeks before my EWC, so at my qualifying week, and had 26 weeks service? If I am made permanent, I would have to wait (wouldn't I?) to accrue enough service so that I had been employed for 26 weeks 11 weeks before my EWC.

Dh and I are trying to decide when the best time to have another LO is, and as you can tell, I am crap at maternity. Always have been.

OP posts:

flowerybeanbag · 24/04/2008 10:27

Hi mate

11 weeks before is the first date you can start claiming SMP, but qualifying week is 15 weeks before. So as long as you have been employed 26 weeks by the 15th week before, you could even leave employment then, and you'd still be entitled to it but couldn't start receiving it until 11 weeks before.

Basically, long as you aren't pg when you start work and you are still there 15 weeks before, you are fine.

And no, permanent or not makes no difference at all.

Original poster

Pinkjenny · 24/04/2008 10:31

So it's definitely best to wait and see whether I am made permanent or not. There's not enough time between now and December to be able to claim SMP through Hays.

I'm glad I got that cleared up. Thanks flowery, I have a mental maternity block issue. I've always had it, even a very long time ago when I was a HR Administrator and dealing with maternity queries all the time! Its an affliction.

OP posts:

flowerybeanbag · 24/04/2008 10:33

I have a similar affliction with pensions!

Original poster

Pinkjenny · 24/04/2008 10:36

Well let's face it, no one understands pensions.

OP posts:

flowerybeanbag · 24/04/2008 10:45

Well true .

It doesn't feel right that you'd miss out even though you're working for the same employer just because who's paying you changes half way through....

I'll do a bit of digging later about that, the principle doesn't fit.

Original poster

Pinkjenny · 24/04/2008 10:49

It doesn't does it, I'd have to accrue more service in the job I'm already doing. Assuming I'm even made permanent if she decides not to return.

There's all this kerfuffle at the mo regarding agency workers, isn't there? I seem to meet all the criterion in relation to me actually being an 'employee', i.e. the company direct my work, they wouldn't substitute me if I was off sick, the only contact I have with the agency is that they pay me and I send them my timesheets.

Also I have some real nervousness around getting pregnant in the meantime and whether that will affect my chances of being made permanent anyway. Just being a realist.

OP posts:

flowerybeanbag · 24/04/2008 11:30

Hmmm. I'm not happy. As a worker you get maternity pay. As an employee you get maternity pay plus everything else. You would have been 'working' for the same company for ages, plenty enough time, so I can't see why you wouldn't get SMP as a worker, and maternity leave as an employee (because you don't need service for that).

But, the only specific thing I can find mentioning your potential situation is this factsheet from working families, there's a paragraph about changing status at the crucial moment.

Doesn't feel right, and it's one of those things where case law would come into it. If there hasn't been a case (and my case law knowledge is hazy right now), the first person who does it might well be successful I reckon. But who'd want to be that person?!

Probably safest to wait I guess. Plus your point about it affecting your chances anyway obviously - you'd want to hide it until you'd signed on the dotted line anyway, which may or may not be easy depending on whether you are vomiting every 5 secs or not!

Original poster

Pinkjenny · 24/04/2008 11:31

Thanks flowery - you're such an HR star. Now, can you find me a job please. Thanks.

OP posts:

flowerybeanbag · 24/04/2008 11:32

One thing at a time, eh?

Original poster

Pinkjenny · 24/04/2008 11:36

I'm in constant wonderment at how rare part time HR roles are, especially as I am currently doing one! Its like the proverbial needle in a haystack.

OP posts:

billybass · 24/04/2008 11:37

help I need some advice, I have had a job offer withdrawn because they said was off sick too much. They had the wrong sick record from my current employer. What can I do? Im new to mumsnet so am just getting used to it. Bear with me, I dont know how to use the smiley faces things yet.

flowerybeanbag · 24/04/2008 14:14

What sector are you in PJ? More p/t HR in public or voluntary sector probably than private, don't know what you're looking at? Otherwise it's one of those chicken and egg situations isn't it? Get in f/t, be marvellous and put in a fantastic flexible working app demonstrating how it could be done, and you're fine, finding one already p/t v difficult! V. annoying!

Billybass have you spoken to your new employers and explained that the absence record they were given was incorrect? And have you spoken to your old employers and asked them to supply correct information?

Original poster

Pinkjenny · 24/04/2008 14:21

The majority of my career has been in retail, now financial services (yawn...). Most senior HR posts in the public sector want public sector experience, which is a right pain.

Can't go ft as have 1yo dd, well I could, but I don't want to . I guess I'll just keep looking, its so disheartening. I never realised I'd find being interim so unsettling. I'm not really a 'fly by the seat of my pants' girl. Apart from when I'm in disciplinaries .

OP posts:

flowerybeanbag · 24/04/2008 14:30

Rofl at flying by the seat of your pants in disciplinaries

Voluntary sector? Might well be a bit more flexible about background than public sector? Much nicer too...

Original poster

Pinkjenny · 24/04/2008 14:35

Are you self employed flowery? I really admire you if you are. You clearly enjoy flying by the seat of yours!

Yeah, there are a few voluntary organisations in Liverpool where I live (oh no, a scouser), Roy Castle lung foundation and Typetalk. I was very rudely propositioned by a very wealthy man a few years ago who owns a very famous shopping complex up here and quite a lot of Liverpool's waterfront. He told me to get in touch with him if I ever 'needed a job'. Not sure his intentions were honourable, but hey, if I get desperate!

OP posts:

flowerybeanbag · 24/04/2008 14:38

The seat of my pants is so used to being flown by it's grown wings...

I have my own company with a business partner. Right at this minute I am not actually MNing, I am a figment of your imagination. What I am in fact doing is finishing off text for our new website.

Keep the rude rich guy up your sleeve (not literally, he'd probably love that ) for a bit just in case...

Original poster

Pinkjenny · 24/04/2008 14:42

Oh flowery, that sounds fab. Now find me a job. Ha ha, I'll keep him in my pocket. He was very rude though. But also very rich.

OP posts:

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