If I leave my job will I still get some kind of maternity pay?!

Sarahlf92

Hi all smile
Bit of a confusing one but basically I'm 27weeks pregnant today, have been working for a horrendous company since the beginning of February this year and it has become so stressful I really do not want to go back! Wasn't going to start my maternity leave until December (due date is Dec 23) but my issue is if I do leave will I get any kind of maternity pay?

I've been there 8 months so before I fell pregnant and worked full time but never signed a contract so as far as it goes I legally don't have to give any notice?

Tia
Sarah

annandale

I don't think employers need to give maternity pay. If they don't there's a statutory maternity allowance you can claim

annandale

Actually. I'm probably not right on the above. I have known small companies that haven't paid it but thats been due to financial reasons. You need to give notice of the fact that you want to claim it and you have to have worked for a qualifying period. You also have to be earning over 113 pounds a week.

If you aren't planning to go back though I think you'd be better claiming statutory maternity allowance.

Darksparkle

https://www.gov.uk/maternity-pay-leave/eligibility

https://www.gov.uk/pay-leave-for-parents

Alice_Holt

https://www.citizensadvice.org.uk/benefits/children-and-young-people/benefits-for-families-and-children/#h-maternity-benefits
"Statutory maternity pay is paid by your employer if you're away from work to have a baby. It can be paid for up to 39 weeks. To get it you need to have been:
- working for the same employer for at least 26 weeks by the 15th week before your due date
- earning an average of at least £112 a week"
https://www.citizensadvice.org.uk/work/rights-at-work/parental-rights/maternity-pay-what-youre-entitled-to/

"Maternity Allowance is a benefit for women who have been working but who do not meet the work and earnings conditions for statutory maternity pay.
You can get Maternity Allowance if you have been working recently or you have stopped working to have a child. You must meet all of the following conditions:
you must have been working for at least 26 weeks in the 66 weeks before the week in which you are due to give birth. It does not matter if these weeks are split up, or if they are not all for the same employer
you do not qualify for statutory maternity pay
you have been earning at least £30 a week on average. This can be from employed work or self-employed work
you must still be pregnant, or have given birth to a live baby, by the start of the eleventh week before the week in which your baby is due, or you must have given birth to a stillborn baby after the end of the 24th week of pregnancy.
Maternity Allowance does not depend on national insurance contributions. You won't have to pay back your Maternity Allowance if you decide not to return to work.The amount you can get is either 90 per cent of your average weekly earnings or £139.58, which is the maximum amount. You will get whichever is less."

Alice_Holt

Be aware that even if you didn't sign a contract of employment, by adhering to employment conditions you may have legally agreed to an employment contract by implication.
http://www.acas.org.uk/index.aspx?articleid=5385

"By starting work, an individual effectively asserts that he or she has accepted the employer's terms and conditions."

pmlindyloo

This link also tells you when you can start your maternity leave and how to inform your employer.

https://www.gov.uk/maternity-pay-leave/leave

The earliest you can leave is 11 weeks before your due date so try to hang on in there for a couple more weeks unless your doctor would give you a sick note until your due date or have you any holiday you could take to reach the date?

tboo

Maternity Action have a bit of advice regarding resigning before or during maternity leave.

They also advise if contractual maternity pay is included in payments and will it have to be paid back - I know the OP has no contract but the company may still pay it.

Comms69

Sarahlf92 wrote: »

Hi all smile
Bit of a confusing one but basically I'm 27weeks pregnant today, have been working for a horrendous company since the beginning of February this year and it has become so stressful I really do not want to go back! Wasn't going to start my maternity leave until December (due date is Dec 23) but my issue is if I do leave will I get any kind of maternity pay?

I've been there 8 months so before I fell pregnant and worked full time but never signed a contract so as far as it goes I legally don't have to give any notice?

Tia
Sarah

What does this mean??


Anyway, you must give one week's notice in lieu of contractual notice.