New job rights while claiming smp

debnlee_2

Hi. I am currently claiming smp which isn't due to end until May. I've worked in the same place for the last 10 yrs but think it's time for a change. I have found another job which is perfect hours etc for my family life although a bit scary as I've not done this kind of work before but obviously willing to give it a go. I can start almost straight away , I understand that this means me giving my maternity leave up early and my smp payments will stop. My question is..... I wondered if I could tell my current boss I'd taken a 2nd job on for financial reasons so I obviously need my smp to stop . Would my job still have to be kept open for me or would that be it? Surely if I'm entitled to 9 months off that will still stand smp or not ???? The new job is such a big change for me I wanted to guarantee It worked out before I actually officially left my current job. Thanku in advance.

ohreally

debnlee wrote: »

Surely if I'm entitled to 9 months off that will still stand smp or not ????

But you wouldn't be "off", you would be working or have I misunderstood your intentions?

debnlee_2

ohreally wrote: »

But you wouldn't be "off", you would be working or have I misunderstood your intentions?

I've probably worded it wrong I'm not trying to scam anybody or anything. As it stands I have 4 months left on maternity leave. If I start a new job I would no longer be entitled to smp through my current job. I can take a 2nd job on as anybody can but I'm wondering as my smp will finish with my current employer will my job automatically end or will they have to leave my job open until May when I'm supposed to return. Thankyou

TELLIT01

If you need to work, presumably because SMP doesn't provide enough income, why don't you just speak to your current employer about returning early?
I don't see how you can start a job with a new employer and expect your current one to keep a job open when it is likely you won't be returning. You can't take another (2nd) job on without telling your current employer as SMP is being paid through that employer's payroll.
You're really in the same situation as if you were currently working i.e. you need to decide which employer you want to work for. If it's a new one you will have to resign from the current job. It can't be retained as a safety net.

Darksparkle

Maternity leave is up to 12 months, not 9. However only the 9 months is paid.

If you start another job whilst on SMP, then the SMP will stop. You won't have actually resigned from the first job though.

But unfair to the first employer to keep dragging them along but I don't think there is anything they could actually do about it.

tomtontom

Would it be different hours to your existing job, and would it be realistic that you could do both jobs? If not, your plan would leave you on very dodgy ground - it is likely to be a breach of trust and confidence.

specialboy

Darksparkle wrote: »

Maternity leave is up to 12 months, not 9. However only the 9 months is paid.

If you start another job whilst on SMP, then the SMP will stop. You won't have actually resigned from the first job though.

But unfair to the first employer to keep dragging them along but I don't think there is anything they could actually do about it.

Not sure if the above is true to be honest. The way I see it is that being on maternity leave means bein fog away from work so as to bond with the new kid, working in any capacity surely means that the maternity leave has ended and your employer needs informing.

debnlee_2

TELLIT01 wrote: »

If you need to work, presumably because SMP doesn't provide enough income, why don't you just speak to your current employer about returning early?
I don't see how you can start a job with a new employer and expect your current one to keep a job open when it is likely you won't be returning. You can't take another (2nd) job on without telling your current employer as SMP is being paid through that employer's payroll.
You're really in the same situation as if you were currently working i.e. you need to decide which employer you want to work for. If it's a new one you will have to resign from the current job. It can't be retained as a safety net.

Its not a question of returning to work early because smp doesn't provide enough money. I can manage on it although it can be a bit tight. It's just that I fancy a change and the perfect job has come up now and unfortunately not towards the end of my leave. if I don't take this opportunity while it's available by the time may comes it won't be available. I don't mind returning to work and ending my leave Early. And I do not expect my employer to keep my job open that was my question " will it be kept open for the 9 mths I was entitled off" or " if it automatically comes to a end because my smp will be stopped ?" or because I haven't actually resigned just simply asked for my smp to be stopped will my job still be there in may. And I never once said I wouldn't be telling my employer that I had got a 2nd job !!! I can work a 2nd job as anybody can if I wanted to or needed to as long as my smp stops which I said in my first post I new this would be the case.

theoretica

Does your contract say anything about working another job?

debnlee_2

theoretica wrote: »

Does your contract say anything about working another job?

No not a thing about working else where.

Darksparkle

specialboy wrote: »

Not sure if the above is true to be honest. The way I see it is that being on maternity leave means bein fog away from work so as to bond with the new kid, working in any capacity surely means that the maternity leave has ended and your employer needs informing.

I did not say the employer wouldn't need to be informed, I clearly said the SMP would need to stop.

However you are referring to maternity leave, not pay.

Maternity leave and pay are two different things with their own criteria.

You can easily be on maternity leave from one job and be working in the other.

All employees are entitled to maternity leave. Maternity leave is for 2 weeks minimum, 52 weeks maximum. This is regardless of how long they have worked there, their hours or their income.

Maternity pay is paid on service and pay.

This is explained here - https://www.gov.uk/guidance/statutory-maternity-pay-employee-circumstances-that-affect-payment#employee-isnt-returning-to-work

However you cannot receive SMP whilst working for a 2nd employer if the 2nd employer started after the qualifying week. The first employer would need to provide an SMP1. This is confirmed on the gov site - https://www.gov.uk/guidance/statutory-maternity-pay-employee-circumstances-that-affect-payment#employee-isnt-returning-to-work

As you can see, there is no mentioned of maternity leave ending. The leave would only end if the employee resigned, was dismissed or the 52 weeks was up.