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Can I work for 2nd employer whilst claiming SMP from main employer

12 replies

npdw · 23/01/2025 22:20

Hi all,

Bear with me as I try to navigate how to word this.

I am pregnant, due 2nd June.

So, I am currently employed part time and am entitled to SMP and enhanced maternity from main employer. I have an interview for another job next week that I should hopefully get and will be employed by them before the 15th week before my due date (I think).

If that is the case, could I take my 9 months maternity from main job, and then go back to work early in 2nd job to help pay with bills etc? So essentially earn a wage and maternity pay at same time?

Thanks for all replies in advance!

OP posts:
npdw · 23/01/2025 22:23

npdw · 23/01/2025 22:20

Hi all,

Bear with me as I try to navigate how to word this.

I am pregnant, due 2nd June.

So, I am currently employed part time and am entitled to SMP and enhanced maternity from main employer. I have an interview for another job next week that I should hopefully get and will be employed by them before the 15th week before my due date (I think).

If that is the case, could I take my 9 months maternity from main job, and then go back to work early in 2nd job to help pay with bills etc? So essentially earn a wage and maternity pay at same time?

Thanks for all replies in advance!

Just to add, I will be working for both jobs up to going on maternity leave and then go back to both eventually, as well.

OP posts:
Twiggywinkle13 · 23/01/2025 22:27

In a word. No.

As far as I understand it, you can get statutory maternity pay from two employers but only if you are on maternity leave. You can’t get SMP but also work.

npdw · 23/01/2025 22:34

Twiggywinkle13 · 23/01/2025 22:27

In a word. No.

As far as I understand it, you can get statutory maternity pay from two employers but only if you are on maternity leave. You can’t get SMP but also work.

Thanks for your reply! I did think that was the case but was reading some conflicting stuff online, it really does get confusing all of this.

OP posts:
Carrotstick123 · 23/01/2025 22:36

You can however get SMP and do self employed work without loosing the SMP.

Lougle · 23/01/2025 22:38

Twiggywinkle13 · 23/01/2025 22:27

In a word. No.

As far as I understand it, you can get statutory maternity pay from two employers but only if you are on maternity leave. You can’t get SMP but also work.

This is incorrect. https://maternityaction.org.uk/wp-content/uploads/More-than-one-job.pdf

You can choose when you go on maternity leave for each employer, and you can choose when you go back for each employer. You can do 10 KIT days for each employer. If you do more than 10 KIT days for one employer, then your SMP for that job will stop for any weeks in which you work. Your other job's SMP won't be affected, unless you do more than 10 KIT days for them.

https://maternityaction.org.uk/wp-content/uploads/More-than-one-job.pdf

dementedpixie · 23/01/2025 22:44

Yes you can do what you are suggesting quite legally:

Can I work for a new employer if I am receiving SMP from my old employer?
Before the birth: you can start work for a new employer and still receive SMP from your old employer before the birth (regardless of whether you were employed by the new employer in the 15th week before baby was due).
After the birth: once your baby has been born you cannot continue to get SMP from your old employer if you do some work for a new employer, unless you were employed by the new employer in the 15th week before your baby was due.
If you do some paid work after the birth for a new employer who did not employ you in the 15th week before your baby was due, you must tell your old employer to stop paying your SMP. If you were paid your SMP in a lump sum, you must return any overpayment to your old employer.
If you go on maternity leave with your new employer then you can continue to get SMP from your old employer.
Once your SMP period has ended (with your old employer), you can work for your new employer or work up to ten keeping-in-touch days during the remainder of your unpaid maternity leave with your new employer.

npdw · 23/01/2025 22:55

dementedpixie · 23/01/2025 22:44

Yes you can do what you are suggesting quite legally:

Can I work for a new employer if I am receiving SMP from my old employer?
Before the birth: you can start work for a new employer and still receive SMP from your old employer before the birth (regardless of whether you were employed by the new employer in the 15th week before baby was due).
After the birth: once your baby has been born you cannot continue to get SMP from your old employer if you do some work for a new employer, unless you were employed by the new employer in the 15th week before your baby was due.
If you do some paid work after the birth for a new employer who did not employ you in the 15th week before your baby was due, you must tell your old employer to stop paying your SMP. If you were paid your SMP in a lump sum, you must return any overpayment to your old employer.
If you go on maternity leave with your new employer then you can continue to get SMP from your old employer.
Once your SMP period has ended (with your old employer), you can work for your new employer or work up to ten keeping-in-touch days during the remainder of your unpaid maternity leave with your new employer.

Ah thank you, that was what I read but just wanted to triple make sure.

So in basic terms, as I will be employed by 2nd employer before the 15th week before due date (hopefully), I can still get paid SMP after baby is born, and also work that 2nd job at some point in my maternity leave? I won't get SMP with that 2nd job of course as I won't meet the qualifying criteria for it.

OP posts:
MotherOfCrocodiles · 23/01/2025 22:59

Yes you can, I did this

npdw · 23/01/2025 23:10

MotherOfCrocodiles · 23/01/2025 22:59

Yes you can, I did this

Were you employed in that 2nd job before falling pregnant? I don't qualify for SMP in the 2nd job, but did read online that because I would be employed before the 15th week before due date that I could work there whilst being on maternity leave without it affecting my SMP pay from main job. The things we have to do to keep the house going and kids fed! Lol

OP posts:
MotherOfCrocodiles · 23/01/2025 23:12

Yes I had both jobs well before I was pregnant

MotherOfCrocodiles · 23/01/2025 23:13

Sorry maybe not that helpful for your particular situation

npdw · 23/01/2025 23:17

MotherOfCrocodiles · 23/01/2025 23:13

Sorry maybe not that helpful for your particular situation

No problem at all, thank you for your input anyway, it is much appreciated!

OP posts:
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