PLEASE HELP - Maternity Pay

Little_Pickle

Please could someone help me understand if my employer is trying to get out of paying mt SMP for 6 weeks?

I have been agency staff with my agency for almost 3 years and at my current job for a year.

according to this: babyworld and this directgov I should be entitled to the 6 weeks pay - up to 90% of my wages (as well as the standard after 6 weeks).
As they take my NI and Tax from my wages this seems to be the case.

I think my agency are trying to wriggle out of paying me.
Please help... my head is hurting and I really need to get to the bottom of this.
Thanks,
LP
xox

shellsuit

Why do you think they are trying not to pay you - what have they said?

There is an 8 week period where your wages are taken into account, I missed out on SMP because of this because I was signed off on the sick, so I have to claim Maternity Allowance instead.


How much did you earn during this time?...Was it more than £90 a week?

Your employer will look at your gross earnings paid to you in a set period. This is usually the eight week period up to and including the 15th week before your EWC. The period your employer uses may vary depending on how often you are paid –weekly, monthly or other intervals.


This might help if you haven't already read this info xx

http://www.dwp.gov.uk/lifeevent/benefits/statutory_maternity_pay.asp

emlou2009

they should give you a form once you've given them your MATB1 to send to the jobcentreplus detailing why they cant pay SMP so that you can claim maternity allowance, have they given you this? what does it say?

Little_Pickle

they have said that I do qualify for Maternity Allowance but not SMP (it's the first 6 weeks that I'm trying to claim here).

I am PAYE staff. I think I'm allowed this 6 week allowance, they are saying I'm not entitled to it.

I have completed the section on the yougov website and it states I am eligable.

hmmm I feel a talk with CAB coming up...just to get it straight of course!
I wouldn't be challenging if I didn't think I'm entitled - not really my style - I like a quiet life!

thanks for your replies!
LP
xox

Little_Pickle

DWP website states:

If you are employed by an agency

If you are employed by an agency, in each of the 26 weeks into the qualifying week, you will satisfy the continuous employment rule.
As long as you did some work during any week it counts as a full week.
There may be complete weeks when you did no work for the agency. This does not necessarily mean that your continuity of employment is broken.
Deciding the continuous employment question - If the agency was unable to offer you work in any particular week, continuity is not broken.
If the agency did offer work, but you were not available, the period of absence can count only if you were unable to work because of sickness, injury or pregnancy or parental, paternity or adoption leave.
Employment in the qualifying week - If you were not employed in the qualifying week (QW), you can still be treated as employed in that week if:

• the agency had no work for you in that week and
• you were not intending to start your maternity leave at that time, and remained available for work after the QW as soon as the agency had something for you and
• you did in fact have further employment with the agency before starting your maternity leave

If you had intended to go on working but stopped before the QW because of sickness, you can be regarded as working into the QW. You must actually resume work with the agency within 26 weeks of stopping before this can apply. If you have stopped looking for work through a particular agency before the start of the QW, you are not entitled to SMP from that agency. But you may be entitled to claim Maternity Allowance from Jobcentre Plus.

All of the above applies to me.

shellsuit

But what reason have they given you for not paying you SMP?

They must give you a form which says on it the reasons why they won't pay you. Have they not done that?

I know you say you're trying to get the 6 weeks out of them, but if they do have to pay SMP, then they will pay you for the 39 weeks.

Little_Pickle

they got me.
in the small print of my contract :
The Temporary Worker is engaged as a self-employed worker.
Blummin' small print.

shellsuit

Little_Pickle wrote: »

they got me.
in the small print of my contract :
The Temporary Worker is engaged as a self-employed worker.
Blummin' small print.

Is that the reason they have said they won't pay you SMP though?

If they are saying you will get Maternity Allowance, then you need a form from work (SMP1 I think?) which states why they won't pay you.

You need that form to claim Maternity Allowance, so have they given you one or not?

Little_Pickle

Thanks Shellsuit.
I don't have my MATB1 form as my doctor is rubbish and forgot to give it me at me last visit. I'm due to get it from him next week.
Thanks again... xoxox

Little_Pickle

They have said they will arrange Maternity Allowance for me... so I don't have to 'do anything'.

shellsuit

Little_Pickle wrote: »

Thanks Shellsuit.
I don't have my MATB1 form as my doctor is rubbish and forgot to give it me at me last visit. I'm due to get it from him next week.
Thanks again... xoxox

I didn't mention MATB1 form


Helloooooo, Little Pickle, are you with us today? :rotfl: :rotfl: