Can i claim smp

If you have more than one job, your maternity leave and Statutory Maternity Pay SMP are calculated separately for each one. You do not have to take maternity leave and SMP at the same time for each employer, you can start and end each maternity leave independently. You may be eligible for SMP from one or both of your employers.

Contact your nearest Citizens Advice if you're close to the minimum pay and need to work out your exact average. If your employer is taken over by another business your weeks of work will include time working for both employers. If you're entitled to it, also check how to get statutory maternity pay , including what to do if your employer won't pay. This could be different if you get contractual maternity pay. Check your contract or ask your employer for details.

If you leave your job too early to get statutory maternity pay, you might still be able to get Maternity Allowance. If they do, it will be unfair dismissal because of discrimination.

If your employer sacks you to avoid paying your maternity pay, you'll still get your maternity pay as long as you've worked for them for at least 8 weeks.

You can't get statutory maternity pay if you're a sole trader, but you might be able to claim Maternity Allowance instead. You might be able to get statutory maternity pay if you're self-employed with your own limited company.

Your company could pay your statutory maternity pay, then reclaim it from HMRC. You might want to check your other maternity rights as an agency worker. If you qualify for statutory maternity pay, your agency should pay it even if you're no longer registered with them. You might be able to get the full amount of statutory maternity pay from more than one employer.

For each employer you have, the rules are the same as if they were your only employer. You should also check that you are definitely an agency worker, as some people may actually be employees.

There are also some specific rules which may help you to qualify. If you were absent from work because your agency is unable to find you work in a particular week, but you returned to work for them later, that week still counts towards your 26 weeks of continuous employment. So do weeks when you were not available for work because of sickness or injury.

If your employer offers you work for no more than 26 weeks at a time, at least twice a year, and usually offers the work to people who have worked for them recently for example, if you are a supply teacher , then even if you do not return to work after a period of sickness or time off due to pregnancy, that period may still count towards your 26 weeks of employment.

See our page on Maternity pay and benefits. If you go back to work for your old employer or if you start working for a new employer after the birth, your SMP entitlement stops from the beginning of the week in which you starts such work. There are some exceptions on work during maternity leave — such as self-employment work — that mean you may be able to work while still receiving SMP.

Ask your employer to explain their reasoning and their calculations. HMRC has overall responsibility for the administration of statutory payments. Maternity pay explained. Read time 9 minutes. Email Post Tweet Post. So, firstly, there are two main types of maternity pay: Statutory Maternity Pay SMP : Paid by your employer who can then claim most of it back from the Government. The average is calculated from the pay you actually received in the eight weeks or two months up to the last pay day before the end of the qualifying week.

How do I know if I qualify for maternity pay? You qualify for Statutory Maternity Pay SMP if: You were employed by the same employer throughout your pregnancy and are still employed in the 15th week before your baby is due.

You give the correct notice to your employer — to do this you need to tell them in writing if they ask for it at least 28 days before you want your SMP to start. If you leave your job after the 15th week before your baby is due, for example, if you are made redundant, dismissed or your job comes to an end, you are still entitled to receive SMP for 39 weeks Gov.

What if I am not eligible for Statutory Maternity Pay? This page was last reviewed in September Further information Our support line offers practical and emotional support with feeding your baby and general enquiries for parents, members and volunteers: