SMP / Maternity allowance entitlement 4 January at 9:45PM in Benefits & tax credits 2 replies 122 views

Yorkie1

A close family friend is currently pregnant, due 3 May 2023. She has two zero hours contracts - with different employers. I am assuming for the sake of argument that she has worked for them for long enough to theoretically qualify for SMP, and will have earned more than £123 average pay per week for the relevant 8 week period.

Would her zero hours contract status prevent her from being eligible for SMP? I have read on gov.uk that she is likely to be a 'worker' rather than an 'employee'. Gov.uk also says that workers may be eligible for SMP rather than MA. It says that you are not for statutory maternity leave if you are a worker, but does not specifically make this distinction for SM Pay.

Any ideas, please?

If she may be eligible for SMP, what does she need to do to get it? Is there a particular form that she has to fill in for her employer?

If she's unlikely to be eligible for SMP, is MA likely to be available?

Thanks for any comments you can offer.

chrisbur

A form MATB1 is issued around 20 weeks by doctor/midwife.  This form should be given to the employer.  Only one MATB1 is usually issued so would need to ask first employer to copy and return for second employer.  
Details of times and when to advise employer here....
https://www.gov.uk/maternity-pay-leave/how-to-claim

If the employer is not going to pay SMP then they should issue a form SMP1....
https://www.gov.uk/government/publications/statutory-maternity-pay-employee-not-entitled-form-for-employers

" will have earned more than £123 average pay per week for the relevant 8 week period."
Is this an average for each employer or are you adding them together?
To qualify for SMP average earnings have to be calculated for each employer so possible entitlement could be with both or neither or with one but not the other.

Yorkie1

Thanks very much for the tip re. the MATB1 needing to be copied and returned by the first employer.

I'm not sure about earnings per employer, so will pass that tip on too.