only entitled to 26 weeks SMP

[chazzette]

Hello,

I found out today that my work will pay me SMP at 90% of my wage, as expected

however i cant work out why they will only pay it to me for 26 weeks. I thought you were allowed 39 weeks SMP?

I work about 20 hours a week (so i am part time), have been there for 3 1/2 years, and gave them all the correct notice they needed of my pregnancy.

can anyone explain why i am only getting paid for 26 weeks please?

Charlie

 

[baileybram]

google directgov it says 39 weeks smp it explains it all on there so you could print it out ant take it into ur employer!! i know i get 39 weeks.

 

[AP]

There are guidelines for your employer to follow
https://www.hmrc.gov.uk/helpsheets/2010/e15.pdf

 

[LankyDoodle]

If you are only getting SMP and not company pay as well then I'm afraid you get 90% for 6 weeks and then 90% or 123 a week whichever is the lower for the remaining 33 weeks.

If your employer is topping it upto 90% until 26 weeks (they only have to pay 90% for 6 weeks, so would effectively be paying you extra out of their own pockets for a further 20 weeks), then I am gathering they mean that after the 26 weeks is up you will just go onto the normal SMP rate (unless the 90% is lower of course). Companies don't have to top up your pay for any length of time, so they can stipulate which point they will top up until. SMP has to be paid for 39 weeks.

 

[Vici]

As Lanky doodle said hun, if you are on SMP, you won't get 90% for 26 weeks x

 

[chazzette]

thanks for your replies. They are topping it up with company maternity pay for 11 weeks. my SMP is the lower rate (i.e 90% of my wage as i earn less than £123 per week)

will give them a ring on tuesday and double check that they will still pay me just the SMP for weeks 26 to 39.

x

 

[LankyDoodle]

They have no choice, hun. It's the law. You phone them and tell them their legal obligation.

 

[sobersadie]

Make sure and tell tax credits people you are on smp pay as they dont take the 1st £100 into account when calculating your award so you will get extra tax credits during maternity leave

 

[2nd time mum]

SMP is broke down into two parts, Statutory Maternity Pay and Additional Maternity Pay. Both are for 26 week periods. Statutory Maternity Pay is for 26 weeks at 90% for first 6 weeks then basic SMP rate (unless you are lucky enough for employer to top it up!) The additional maternity pay period you are paid for 13 weeks at statutory maternity rate but not the last 13 weeks. So you are actually entitled to a whole year off but only paid for 39 weeks.

You are still got holidays even when you are off. I took the 39 weeks maternity leave and managed to use holidays before starting maternity leave so officially my maternity pay started on baby's due date!

The £100 rule is brilliant aswell as I have just found out after returning from maternity leave!

Good luck with your employer

 

[LoobyLou75]

You do get SMP for 39 weeks. Mine is paid at full wage for 24 weeks then the rest is SMP which is £120 something pound a week or 90% of your wage, whichever is lower.