Entitled to SMP Maternity Pay for 2nd time round if pregnant when on maternity leave

NIAMEL

I am currently on maternity leave (since 6.5 months) and am expecting another baby due in Nov 2012! Am I entitled to SMP Maternity Pay if pregnant when on maternity leave for the 2nd time from Nov 2012 onwards?
My companys Maternity Policy does not state anything except: 'It's important that you work up to the 15th week before the week in which you expect your baby. If you do not, you will lose your rights to SMP, Unless you are certified as incapable for work.'

From my understanding even thought I am on maternity leave I am still classified as 'employed' by my employer and therefore should qualify for maternity leave. Am I correct?

I would really be gratefull for any help as I'm really confused! Thank you in advance for any help and advice : )

sulkisu

You should qualify for maternity leave again, as being on maternity leave counts as continuous employment, however you might not satisfy the conditions for statutory maternity pay. If your current maternity leave includes a period of unpaid leave, depending on when your baby is due, you might fall foul of the minimum earnings condition. There is a period of 8 weeks (the 8 weeks up to and including the last payday before the start of your qualifying week) during which your average earnings must be above the lower earnings limit, which is currently £107 p.w.
You should also check with your employer whether or not you need to return to work, even for a day, between the end of your current maternity leave and the start of the new period of maternity leave.

carebear13

just to add to the advice already given- if you dont qualify for smp then you will be able to claim maternity allowance.
also if you are only recieving smp then there is no requirement to return to work, that only causes an issue if you get contractual mat pay.
also dont forget all your holiday accrual, make sure you take it before your next lot of maternity leave kicks in as your company may have a policy of not carrying it over.
and it doesnt really matter what your company policy is reagarding being able to work up to your qualifying week as they cant take away your stat rights to mat pay

NIAMEL

sulkisu wrote: »

You should qualify for maternity leave again, as being on maternity leave counts as continuous employment, however you might not satisfy the conditions for statutory maternity pay. If your current maternity leave includes a period of unpaid leave, depending on when your baby is due, you might fall foul of the minimum earnings condition. There is a period of 8 weeks (the 8 weeks up to and including the last payday before the start of your qualifying week) during which your average earnings must be above the lower earnings limit, which is currently £107 p.w.
You should also check with your employer whether or not you need to return to work, even for a day, between the end of your current maternity leave and the start of the new period of maternity leave.

Thank you Sulkisu - this is very useful information indeed as I was a bit clueless!
I intend to return to work on the 11th of September and work between then and the 13th of November (which is 9 and a half weeks) - I have a lot of holidays acumilated (I think around 30 days!) but will still receive full pay during the 9 and a half weeks I work so I should qualify then for the SMP should I?

Thanks once again - you really are kind giving me advice :T as I want to be in the know before contacting my employers!

NIAMEL

carebear13 wrote: »

just to add to the advice already given- if you dont qualify for smp then you will be able to claim maternity allowance.
also if you are only recieving smp then there is no requirement to return to work, that only causes an issue if you get contractual mat pay.
also dont forget all your holiday accrual, make sure you take it before your next lot of maternity leave kicks in as your company may have a policy of not carrying it over.
and it doesnt really matter what your company policy is reagarding being able to work up to your qualifying week as they cant take away your stat rights to mat pay

Thank you very much Carebear :A.
I do intend to return to work for 9 and a half weeks between my maternity leave and next maternity leave - but have around 30 days holiday to take during that time!

NIAMEL

sulkisu wrote: »

You should qualify for maternity leave again, as being on maternity leave counts as continuous employment, however you might not satisfy the conditions for statutory maternity pay. If your current maternity leave includes a period of unpaid leave, depending on when your baby is due, you might fall foul of the minimum earnings condition. There is a period of 8 weeks (the 8 weeks up to and including the last payday before the start of your qualifying week) during which your average earnings must be above the lower earnings limit, which is currently £107 p.w.
You should also check with your employer whether or not you need to return to work, even for a day, between the end of your current maternity leave and the start of the new period of maternity leave.

You are an :A thanks

sulkisu

You're welcome. Just to add, there is a statutory maternity pay calculator on the HMRC website where you can put in your dates, pay etc and it will tell you if you qualify for maternity pay and how much (SMP only).