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SMP advice wanted please...

9 replies

greenbeanie · 29/01/2009 15:09

I am planning a new baby and new career - not very sensible I know but this would be 3rd dc so I should know better really. Anyway, I am employed by the NHS and get a reasonable maternity package, I am also hoping to start a new self-employed career whilst on maternity leave. I don't know where I stand if I was to start earning small amounts of money in my new business whilst claiming maternity leave. I would be returning to the NHS for at least 3 months at the end of the maternity leave whilst continuing to grow my business (hopefully).

I hope that makes sense, any advice would be appreciated.

OP posts:
MogTheForgetfulCat · 29/01/2009 19:37

Maternity leave is something you're entitled to by right - and if your employer offers an enhanced package, as long as you meet the criteria that's yours by right too.

But I would expect your contract of employment to possibly contain some restrictions on working for yourself whislt still employed by NHS - and you are still employed whilst on mat leave, so check your contract and tread carefully with that one. They may also expect you to repay some of the enhanced maternity pay if you decide not to return or return for less than a specified period.

greenbeanie · 30/01/2009 12:48

Thanks for that Mog, I have to go back for 3 months otherwise I would have to pay back any benefits. From looking at my contract I don't think there is any conflict between my business and my NHS job. My concern is more about whether I can still receive maternity pay whilst earning a small amount with my own business.

OP posts:
MogTheForgetfulCat · 30/01/2009 19:29

If there's nothing in your contract saying you can't earn your own money from a non-competing business whilst you're an employee, then you'll be fine, as any enhanced maternity pay would be treated the same to all intents and purposes as your normal salary, and SMP is an entitlement (provided you meet the criteria, which you clearly do) on having a baby - it's not means tested in any way, so there's no offset for income earned whist receiving it. So go for the business venture!

greenbeanie · 31/01/2009 10:57

Thanks Mog, that's great news. The only problem now is fitting it all in!!!

OP posts:
trixymalixy · 01/02/2009 17:03

I don't think you can work while claiming SMP.

You're allowed to do 10 keeping in touch days that you can get paid for, any more than that and you are no longer entitled to SMP.

trixymalixy · 01/02/2009 17:16

I'm wrong . You can do self employed work and not affect your entitlement to MP.

"You can do self employed or voluntary work without any loss of SMP. During unpaid maternity leave, you can work for another employer unless there is a clause in your contract limiting any other work. "

from here

So it looks like you'll be OK.

greenbeanie · 01/02/2009 22:22

Thanks Trixymalixy, it's great to see it in writing, so it looks as if it should be ok. It is always so complicated working out what you are and are not entitled to.

OP posts:
brigitte29 · 20/04/2009 15:46

Hi,
I'm pregnant now and employed. I should be getting smp but I want like this lady to start a small business from home to build up at my own pace. Would I lose my SMP or my job?It would be something where I would only earn a little bit and on my contract it says that they have final say on extra work but that it cant clash with my job (which it doesnt).
Can anyone help or is it like the lady before, that it shouldnt affect my SMP or my job?

alexapav · 14/05/2009 14:06

hi,i ask for smp to start on 20 march and my employer told me that they will pay me but is almoust 2 months and i dont receive no payment,is taking that much for paper work?

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