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Old Jan 18th, 2009, 14:23 PM   #1
samantha_sarah
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Quick maternity question


At how many weeks are you entitled to SMP at your workplace even if you leave the job etc?


 
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Old Jan 18th, 2009, 14:24 PM   #2
juliespencer9
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39 i think x


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Old Jan 18th, 2009, 14:56 PM   #3
2nd time mum
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You are entitled to SMP (maternity leave) from 29 weeks pregnant. You have to give notice I think ofwhen you will be starting maternity leave (not sure how much maybe 4 weeks). You don't have to tell your employer you won't be going back right away and can wait until you have had baby. You don't have to repay any maternity pay unless your employer is paying you more than the Statutory Maternity levels. You also accrue holiday pay while you are off on maternity leave aswell so if you tell them just now you won't be back not sure what happens there/ You get SMP payments for 39 weeks but are allowed a full year off. Hope this is what you are looking for.


 
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Old Jan 18th, 2009, 15:09 PM   #4
samantha_sarah
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My maternity leave date is 12th april 2009, all agreed with work. But if i suddenly leave how many weeks to have to be to still be paid smp off them? Is it 25 weeks?


 
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Old Jan 18th, 2009, 15:20 PM   #5
2nd time mum
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Yes I think you are right. Your SMP is all calculated on the basis of your employment 15 weeks prior to your due date. Here is an article I have found which might help you:- Here is the website I found the article on if you want to check it out http://www.communitylinksbromley.org...ity_policy.doc - You can also contact ACAS or do a search for HMRC smp calculator which might help aswell I don't think I would officially resign just now just in case.

Statutory maternity pay
If the employee has 26 weeks’ service or more, at the end of the 15th week before her expected week of childbirth, she will normally receive Statutory Maternity Pay (SMP) during her ordinary maternity leave, provided that she meets certain conditions, including that she has average weekly earnings at or above the Lower Earnings Limit for National Insurance Contributions. If the employee is entitled to SMP, [ORGANISATION NAME] will pay it to her even if she is not intending to return to work for [ORGANISATION NAME].

SMP is payable at the following rates:

• The first 6 weeks will be paid at 90% of average weekly earnings*.

• The remaining 20 weeks will be paid at a rate agreed annually by the Government, or 90% of average weekly earnings, whichever is the lower amount.

*Average weekly earnings are the normal weekly earnings for the period of 8 weeks immediately preceding the 14th week before the Expected Week of Childbirth. However, if the employee receives a pay rise after the 14th week before the Expected Week of Childbirth, the employee will be paid 90% of her new, higher, salary.

The employee will receive her SMP at the same time as she would normally receive her monthly salary. Tax and National Insurance are taken off.


 
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Old Jan 18th, 2009, 15:56 PM   #6
dannydustcart
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26 weeks.!
if You can just go back for a short time then you can claim up to 33 weeks paid!! Thats what im doing


 
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Old Jan 18th, 2009, 17:20 PM   #7
Foogirl
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2nd time Mum, I'm not sure where you are getting information from (6 + 20 weeks), but it seems not to match what is on the DWP website.

http://www.dwp.gov.uk/lifeevent/bene...ay.asp#howpaid

Dannydustcart, this makes no mention of having to return to work to get a further amount. It notes you are entitled for 33 weeks and you don't have to repay it if you choose not to return to work.

I'm confused now!


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Old Jan 18th, 2009, 17:22 PM   #8
sam's mum
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Quote:
Originally Posted by Foogirl View Post
2nd time Mum, I'm not sure where you are getting information from, but it seems not to match what is on the DWP website.

http://www.dwp.gov.uk/lifeevent/bene...ay.asp#howpaid

Dannydustcart, this makes no mention of having to return to work to get a further amount. It notes you are entitled for 33 weeks and you don't have to repay it if you choose not to return to work.

I'm confused now!
I think you only have to pay it back if your employer is paying you maternity pay in excess of the SMP amounts x


 
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Old Jan 18th, 2009, 17:38 PM   #9
charliebear
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Quote:
Originally Posted by sam's mum View Post
Quote:
Originally Posted by Foogirl View Post
2nd time Mum, I'm not sure where you are getting information from, but it seems not to match what is on the DWP website.

http://www.dwp.gov.uk/lifeevent/bene...ay.asp#howpaid

Dannydustcart, this makes no mention of having to return to work to get a further amount. It notes you are entitled for 33 weeks and you don't have to repay it if you choose not to return to work.

I'm confused now!
I think you only have to pay it back if your employer is paying you maternity pay in excess of the SMP amounts x

That is what I think too sam's mum


 
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Old Jan 19th, 2009, 04:28 AM   #10
shinona
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You must be employed by your employer in the 15th week before your baby is due (so when you're 25 weeks pregnant). You have to have been with them for at least 26 weeks by then. As long as you earn more than £90 per week, you are entitled to SMP from that employer even if you are sacked or resign or leave for any other reason after that.

You are entitled to 6 weeks at 90% of your pay and then 33 weeks at the flat rate which goes up to £123.06 per week in April this year (or 90% of your pay if that is lower).

You do not have to repay SMP if you do not return to work. If your employer pays you enhanced maternity pay on top of SMP then they may have it written into their policy that you have to repay some or all of the enhancement if you do not return to work for a specific period.

Have a look here for the correct, up to date information.

http://www.dwp.gov.uk/lifeevent/bene...ernity_pay.asp


 
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