Scuba

Hi girls, not sure where to post this really but thought I'd put it in here, its pretty long winded so if you read through it all congratulations and a big fat thankyou lol!

I've been working for my current employer since July 2007 last year although since about November I have had alot of time off due to pregnancy complications, however all the time I've had off has been covered by Dr's certificates and I've followed the correct procedure with informing my employers and keeping them up to date at every step of the way. I also went into the office on a couple of occasions rather than sending in my Dr's certs, so they could clearly see I was in no fit state for work and wasn't just taking the mick.

Then a few days ago I received a letter from the company I work for saying that while I am entitled to 52 weeks maternity leave, I am not entitled to statutory maternity pay from them as my employer. From the letter they ssent me I'll quote what they wrote as otherwise I'll prob put it into my own words wrongly! "You are not eligable for statutory maternity pay from us as your employer. Your MATB1 has been passed to the payroll department who will issue you with a SMP1 form. Your MATB1 will be attached to this form and you will need to take these documents to your local jobcentre in order to claim maternity pay."

Now from everything I have read I have been under the impression that once you have been employed by a company for a continuous period of a minimum of 6 months, that the company were obliged to pay your maternity pay, even if it was only statutory?

Also they've not sent me the SMP1 or my MATB1 forms back and its starting to really wind me up. My pay usually comes into my bank account on the 25th of each month and at this rate nothing will have been sorted out and I'll be left without any money coming in! Obviously we have my OHs wage which we can manage on ok, but the principle of things is that they don't know what he's earning or that we can afford to get by without having some form of income whether it be from them or from the job centre and they're just dragging their feet!

RANT!!!! Sorry about this looooooooong post but if anyone can shed any light or offer any advice I'd really appreciate it! x

leedsforever

I think you should def go to citizens advice.... that isnt right!!! It makes no odds to them as they claim it back anyway!! As far as I am aware they are defiently obliged to pay statatory .... first 6 weeks and 90% of your pay then then remainder at £117 a week!!!
Hope it gets all sorted!! Its not nice to have this added stress so close to when baba is due to be born!!

Scuba

Thanks hun, thats pretty much what I thought about the first 6 weeks and then onto SMP... Once the citizens advice opens this morning I will give them a ring and try and make an appointment to go in and see someone, I refuse to be walked all over by them but the stress of it all is def the last thing that I need right now! x

leedsforever

Yeah they cannot discriminate just because you had time off due to sickness!!

I think it may be 9 months of continuous emoployment but even if it is.... you have done that too!!

Good luck... and let us know how you get on!!!

Scuba

I will do - thanks again! x

carries

Employed by your employer into the qualifying week which is the 15th week before the week your baby is due.
Employed by the same employer without a break for at least 26 weeks into the 15th week before the week your baby is due. Part weeks count as full weeks, and
Earning before tax an average of £87.00 a week. This is called the Lower Earnings Limit for National Insurance Contributions (NI) and is the amount you have to earn to qualify for benefits. You have to earn more than this amount before you actually start paying NI.

These are the guidlines by the DWP. Hope they help!

reallytinyamy

how long were you working there before you got pregnant? I know you have to have been there a certain amount of time before your pregancy but I'm sure how long. I think its 16 weeks or something like that

reallytinyamy

I've just checked. You need to have been working for your employer for 26 weeks before the 15 week before your due date. Therefore about 3 months give or take before you got pregnant.

Have a look at www.dwp.gov.uk

Scuba

Thanks everyone - as far as I can work out from the links you've given and the info you've given me I SHOULD be getting mat pay from employer.. I'll give them a ring first though maybe before I go to cit. advice and ask exactly what the reasons are that they are claiming they don't have to pay me..

Thanks a million! x

reallytinyamy

let us know what they say. good luck