confused

[Zoe~Louise]

i have been working for the same company for 3 years in April

i moved onto Bank staff then found out i was pregnant. The work are telling me i cant have maternity pay from them.

im really confused cos some people say i am, other people say im not.

in my pregnancy book it states that aslong as i have worked there throughout my pregnancy and earn on average (i think) £87.72 a week i am entitled to it.

but work are adamant i dont

has anyone else had the same problems???

does anyone know the answer to this lol

 

[kalia]

To get SMP you must have been:

* Employed by your employer into the qualifying week which is the 15th week before the week your baby is due; and
* Employed by the same employer continuously (some breaks do not interrupt continuity) for at least 26 weeks into the 15th week before the week your baby is due. Part weeks count as full weeks, and
* Earning before tax an average of £87.00 a week for tax year 2007/8 and £90.00 a week in 2008/9. This is called the Lower Earnings Limit for National Insurance Contributions (NI) and is the amount you have to earn to qualify for benefits. You have to earn more than this amount before you actually start paying NI.



What happens if my employer says I do not qualify for SMP?

Your employer will tell you why they cannot pay SMP to you. They must give you form SMP1 explaining the reason. You may be able to get Maternity Allowance. You will need to send form SMP1 to Jobcentre Plus with your Maternity Allowance (MA) claim form.

If you believe your employer’s decision not to pay SMP to you was wrong, then you should talk to your employer. If you cannot resolve the problem contact HM Revenue & Customs Statutory Payments Disputes Team on 0191 2255221.


I don't know if this helps. It is taken from http://www.dwp.gov.uk/lifeevent/benefit ... sp#caniget



Personally I would have thought that if you have been working every week since becoming bank staff you would be entitled (I was as a supply teacher).

If you are not entitled to SMP you will be entitled to MA as you have been working.

 

[Zoe~Louise]

thank you soooooooooo much!!!

you have been a massive help =) ill go back to work armed with that and show them lol

 

[tuck]

have they actually said WHY they think you're not entitled? do they have their own maternity scheme? get them to put it in writing and then telephone ACAS for advice. have you had the same contract since starting, apart from change of department? sorry for all the questions but cant give concrete advice otherwise.

 

[Zoe~Louise]

no they havent told me why im not entitled, have asked them to put it in writing WHY im not.

i dont think they do have there own maternity scheme

havent exactly had the same contract since starting. when i started i was working 8-1 as a care assistant april 06, which then became full time care assistant june 06, then i becam a support worker in 07, then work decided to drop care assistants and drop support workers and swap us to care and support workers early last year. if all that makes sense?