Maternity pay !!! Driving me mad !!!

[Ceebump]

Currently been working for them for 2 years now my hours can be anything from 6 hours to 30 hours a week..
Im currently not on a contract however they want to all of a sudden put me on one for 18 hours p.w so i have to go back after mat leave..
Firstly i dont really want to go back i want to go to uni..
To the maths....
Stat mat is 135.40 pw

With the contract work r telling me i will get ..
6 weeks at 90% which wud be 130 pw
5 weeks at 50% whivh would be 72 pw
Then the remainder stat mat pay,.
Right this is where confusion comes in!!
Stat mat is more then they want to pay me??? Have they worked it right?
And if i dont sign contract can i get paid stat mat anyway?
Any help or advice would be fab!
X

 

[VikkiR]

Is there not different schemes, one of which is where you do not intend to return hence don't get the 'enhanced' OMP? I had to choose from 4 schemes. Just tell them you are happy with SMP x

 

[tinks77]

I thought, and I could be totally wrong that you got SMP if it was greater than what they would pay you.
Thank god I didn't have to deal with this as I just got full pay anyway

 

[Ellisbump]

Normally if smp is greater than your pay you get the lower of the two. So if you earn less you may well get the lesser amount

 

[Little_angel]

There's definitely something to right in the way they are calculating that. Have you looked at direct.gov?

So they are saying that 90% of your average gross weekly earnings is £130.

The following 33 weeks should then be paid at either £135.45 or 90% of your average gross weekly earnings, whichever is the lower. So in you case this would be £130 (if they've even worked this out right!).

They also don't get to alter the amount of SMP by changing your contract now. It's too late. Your average weekly earnings must be calculated over a period of 8 weeks upto and including your 25th week of pregnancy - you're well past that. Your qualifying period is over, so any changes made to your pay/contract now and in the future are irrelevant for calculating your SMP.

Thirdly, they look to be offering nothing more than SMP. If so, whatever contract you are on, you don't have to repay that at all if you don't go back. So you would just give notice in your normal way, ie if your notice period is a month, you would need to tell them a month before the end of your mat leave. Or you could tell them now that you're not going back and they would still be obliged to pay you your SMP.