Statutory Maternity Pay - Eligibility

[lawabidingimmigrant]

Hi,

I have a query on eligibility of statutory maternity pay from employer.

My partner joined XYZ company on 14th Feb 2012. She worked for same employer for 8 months in 2011 previously before taking up a short term contract. She again joined her ex employer XYZ in Feb this year.

As per the SMP requirement that I read on various websites including DirectGov it says:

"You have been employed by your employer for a continuous period of at least 26 weeks into the qualifying week which is the 15th week before the week in which the baby is due."


Situation in our case is:

In my partner's 26 weeks of pregnancy she is completing 24 weeks of continuous employment with her new employer. i.e She is falling 2 weeks short on the above clause for SMP eligibility.

She has 2 weeks of annual leaves accrued with her current employer.

Can she qualify for SMP from her employer? Her employer is reluctant to even consider her case for SMP to save cost.If not, are there other maternity allowances she can qualify for?

Please suggest. Our baby is due on 7th Nov 2012. Thanks.

[lawabidingimmigrant]

My partner is completing 24 weeks of employment with her employer in her 26th week of pregnancy which is 15th week before the baby is due.

She is planning to work until 30th week of her pregnancy. She worked for this employer last year for 8 months before she was made redundant & had to move to a new company on a short term contract.

She joined her ex-employer back on 14th Feb this yr.

Can she qualify for SMP? She will have to claim Maternity Allowance from JobcentrePlus as her employer is refusing to pay her SMP.

Pls suggest.

[LoveMyBaby786]

I think she may be able to get Maternity Allowance, ive also applied for maternity allowance as I cant get SMP.
She needs to download the form online, get a MATB1 from her midwife and also her employer needs to give her an SMP1 form stating why he cant pay her SMP, in this case because she hasnt worked there long enough.
To apply for Maternity Allowance she would also need 13 weeks of pay slips so they can calculate how much MA she can receive, hope this helps

[lawabidingimmigrant]

I think she may be able to get Maternity Allowance, ive also applied for maternity allowance as I cant get SMP.
She needs to download the form online, get a MATB1 from her midwife and also her employer needs to give her an SMP1 form stating why he cant pay her SMP, in this case because she hasnt worked there long enough.
To apply for Maternity Allowance she would also need 13 weeks of pay slips so they can calculate how much MA she can receive, hope this helps

Thanks for the reply. Helpful.