Can I claim SMP from my second job? Ask the expert

Firstly you should have a look at your contracts of employment to see if she may have a contractual right to maternity pay over and above Statutory Maternity Pay (SMP). If the contracts or handbook do not provide any additional rights to SMP for each of the jobs you do. According to HMRC guidelines you will be entitled to SMP if:

• You have been continuously employed in that job for at least 26 weeks at the end of the ‘Qualifying Week’. 
• The Qualifying week is the 15^th week before the expected week of childbirth; and;
• You have an Average Weekly Earning in that job of £97 or higher. 

If you only qualify for SMP for your full-time job, then the time you take off from each of your jobs should be the same (worked out on a pro-rata basis for your part-time job). If you qualify for SMP for both jobs then you may choose to take different amounts of time off for each job.

Laura Livingstone is an employment lawyer for Davenport Lyons in London.
 
Whilst every care has been taken in compiling this answer, WorkingMums cannot be held responsible for any errors or omissions. This information is not intended to be a substitute for specific legal advice.