am i entitled to smp

keanfl

Hello

I have looked at so many web sites and am a bit confused. please help!

I have just found out i am 5 weeks pregnant, problem is only started a new job 3 weeks ago, obv didn't know i was pregnant at the time.

Question is, will i get smp?

Many thanks

debnlee_2

you say you started your new job 3wks ago so aslong as you work for your employer for the next 23 weeks and you earn at least £90 a week give or take a few £'s then yes you will be entitled to maternity pay. i dont know how you do the links but if you go on http://www.direct.gov.uk/en/index.htm click on money tax and benefits then employment , then pregnancy and maternity rights then maternity leave you can fill all your dates wages etc in and it will build you a calander of what your entitled to and when its a great site , my boss was abit confused by it all when i told him i was expecting showed him the site he said it was a grat site.

bigbill

I would disagree and say your not entitled and will have to claim Maternity Allowance,

My understanding has always been you need to have been employed by the same employer for almost 10 months at the expected date of birth.

Auzelia

use this link to work out if you are entitled to company SMP or Government MA.

http://tiger.direct.gov.uk/cgi-bin/maternity.cgi

unless your company pays a higher rate of SMP then it doesnt matter who pays you (though MA doesnt get Tax and NI taken off it)
the amount will stay the same of £117.18 atm unless it goes up in april 09.

its roughly you can be around 2 weeks pregnant at the beginning of starting a new job and you will be able to get SMP.

Bigbill. you dont have to be with your work that lenght of time to get SMP.
it used to be you had to be with them 6 months before you could get extended maternity leave but now everyone is entitled to that.

bigbill

Auzelia wrote: »

Bigbill. you dont have to be with your work that lenght of time to get SMP.
it used to be you had to be with them 6 months before you could get extended maternity leave but now everyone is entitled to that.

They need to have been there for a minimum of 26 weeks 15 weeks before the baby is due, so 26+15=41 weeks in total in the same employment at the date of birth.

Thats over 9 months but under 10 months.

Either way I agree they should get paid SMP or Maternity Allowance

tsstss7

I think the answer here is no, but it does depend on the due date given to you by your docter. rather than the date of the childs birth. The figures given by big bill are correct and the dr will give you an edd based on the dates of your last period + 40 weeks so as i understand it if you had a period while in your new employment you get smp otherwise it wil be ma.

Auzelia

Qualifying for statutory maternity leave


As an 'employee' you have the right to 26 weeks of 'Ordinary Maternity Leave' and 26 weeks 'Additional Maternity Leave' - making one year in total. Provided you meet certain notification requirements, you can take this no matter how long you've been with your employer, how many hours you work or how much you're paid. You continue to be an employee throughout your ordinary and additional maternity leave.

http://www.acas.org.uk/index.aspx?articleid=1289

shows that babies born after april 07 where entitled to 1 year maternity leave regardless of length of employment.

Though she must give a longer notice of her returning to work, if she returns to work before her maternity leave is over

tsstss7

being entitled to maternity leave does not mean you are entitled to smp though.

surreysaver

Auzelia wrote: »

use this link to work out if you are entitled to company SMP or Government MA.

Company Maternity Pay and Statutory Maternity Pay are two different things. There is no such thing as Company Statutory Maternity Pay!

The minimum you have to be paid if you qualify is SMP. The company can pay you more than that if they want, but that is CMP.

keanfl

Thank you everybody, its oh so confusing and although baby not 100% planned for just yet we very happy and will have to manage on whatever we get,

sorry for a silly question but with ma i take it you wouldn't get 90% of your wages for 6 weeks?

Many thanks

Auzelia

surreysaver wrote: »

Company Maternity Pay and Statutory Maternity Pay are two different things. There is no such thing as Company Statutory Maternity Pay!

The minimum you have to be paid if you qualify is SMP. The company can pay you more than that if they want, but that is CMP.

if you bothered to copy my whole paragraph minus the link

unless your company pays a higher rate of SMP then it doesnt matter who pays you (though MA doesnt get Tax and NI taken off it)
the amount will stay the same of £117.18 atm unless it goes up in april 09.


then you will see that by company SMP I meant money coming via the company as SMP is paid and Government MA is paid via the state.

I know the amount stays the same if they only pay the basic. As I stated she would probably be better off with MA (apart from the 6 weeks 90% rule), as she wont pay Tax and NI on the amounts.