SMP query ?

[Melanie3103]

Hi, I didn't think I was eligible for SMP as I've not long started a new job... in fact I think I lose out on SMP by about a week. Anyone else a whizz at working out dates and SMP in the UK and qualifying week etc - so confused...

Basically my LMP was 22 June, so I calculated my EDD as 29 March 2014.. so far so good... Then when I tried to calculate qualifying week, I got a date in December, and if I've understood it right, you have to be at working at the same employer for 26 weeks (I think!) to be eligible for SMP... So I think I was out by about a week - as I joined the company I'm at now on 17th June.

I then found a GOV.UK site that had a "calculate your eligibility for SMP" - so I tried that, and I think I AM eligible. https://www.gov.uk/calculate-your-maternity-pay/y. But only just....

It's also worth pointing out that this is a Fixed Term Contractor role (not through an agency, through the company itself, so I am on their payroll) and so I'm treated like a permanent employee (with benefits etc), the only difference is.... I had a fixed end date (May 2014), although this will need to end earlier, as I'm due at the end of March.

I guess I'm after some advice on this. Anyone know much about it ??

 

[Lulubelle]

based on the dates you have given, you are eligable - just! I would speak to HR at work to clarify though.

 

[tiggy]

Hi basically with a due date of 29 march 14 as long as you commenced employment with the company by 22 June 13 you will be eligible for mat pay. However your work will have to use the due date that is shown on your matb1 for smp purposes. You should be ok as long as your dates are not out by more than 5 days. It's close but I think you will be ok xx

 

[Melanie3103]

Thats good, thanks all.

Can u tell me when that MAT form is filled in - and when it has to be given to HR ? Is it completed after my first dating scan at 12 weeks ? Be interesting to know.

Not just because of SMP but also as my bday is 31 march and 1st wedding anniversary 6 april - be great to have baby around then. ive worked hard full-time since i was 18yrs old, now at 37yrs old - pregnant with first, was a little frustrating to discover i wasnt eligible (only maternity allowance!)... So this is good news.

I started this 10month maternity cover post 17june - she is due back mid April and i am due to leave early May. I will be looking to finish mid march (if my dates are right)... They will either manage or get a temp for 3-4 weeks i guess.

 

[giz]

I was in a similar position. I'm confused by it all. When I put my dates in the gov website it said as long as I started work prior to 10th Nov (I started the 6th) I was entitled.

However when I tried working it out manually I thought I wasn't entitled, missing out by 3 days or something.

I submitted everything to work and got a letter saying I wasn't entitled, then a few weeks later they contacted me to say they'd made a mistake and I was entitled.

I just hope I get paid and they haven't made a double mistake!

If you apply through work anyway, you'll get a smp1 form sent back to you if you're not entitled and you use that to make the claim via the job centre.

----------------
baby giz born 6th Feb 2011
next one due 12th Aug 2013

 

[Melanie3103]

Thanks - it's just so frustrating to think I have worked hard since I was 18 (I'm not 37) - and think I wasn't eligible, just because this job is new. We'll see I guess...

Thanks so much...
x

 

[leesey]

Hi there, you're pretty much in the exact same position as I was last year. I qualified... just!! I was on a fixed term contract that finished in June, but because I was due early August I finished up mid June due to SPD pain etc.

But basically because my contract ended when I went on mat leave, I was entitled to statutory rules, but not company rules so I just got the usual 6 weeks full pay and 33 weeks smp. Once that was up, I had to either find new work or take unpaid leave.

Just make sure you clarify everything with HR, in writing, I had a battle on my hands trying to prove that I was legally entitled to SMP even though I was on a fixed term contract xx

 

[Melanie3103]

thanks so much for the advice, really appreciate it.

xx

 

[tiggy]

Oh and by the way you don't get matb1 until about 24 weeks and you will need to hand it to hr along with a letter confirming your pregnancy and the dates you want your mat leave to commence xx

 

[Tarah]

Hi Melanie,

You won't really know until you get an official due date. The rule is that you have to had worked at your new employment for 26 weeks 15 weeks before the baby is due. So based on the date you would have needed to have worked for 26 weeks by the 9th December. That's just unofficial until you get your official due date. I hope that helps. X

 

[Tarah]

Hi Melanie,

You won't really know until you get an official due date. The rule is that you have to had worked at your new employment for 26 weeks 15 weeks before the baby is due. So based on the date you would have needed to have worked for 26 weeks by the 9th December and by the dates you have given it seems that you will have missed out on SMP by a week. My best friend was in a similar position with her first she missed out by a couple of weeks. That's just unofficial until you get your official due date. I hope that helps. X