Q And A
Pregnant after handing in my notice: ask the expert
I recently changed jobs due to being made redundant. I have been with my new company since the start of May this year, so less than 26 weeks.
I recently applied for a new job with a different company as I wanted part-time work. I got the part-time position and have handed in my notice.
(currently working notice of 4 weeks). Since handing in my notice I have found out that I'm four weeks pregnant. I need some advice as to whether I will be able to claim anything? I take it I won't beable to claim SMP. Would I be better off staying with my present employer?
Answer by Joanna Robson
You are entitled to receive SMP from your employer provided you have been continuously employed by them for a period of 26 weeks as at the beginning of your 15th week prior to your expected week of childbirth, which is usually your 25th week of pregnancy. Therefore, you must have worked for your employer for at least two weeks prior to becoming pregnant to be eligible for SMP.
However, you may still be eligible for maternity allowance which is means tested based on your National Insurance Contributions and you can claim this directly through your job centre plus office. You should ask them for form MA which you will need to complete and return to them for their assessment. MA is paid at the prescribed SMP rate for a period of 39 weeks.
Joanna Robson is an employment law solicitor specialising in maternity related employment law matters. She is also the founder of Babylaw, set up three years' ago to get the message out there to individuals who are having problems or difficulties at work because of their pregnancy or maternity leave status. Joanna has previously worked in private practice, acting for both claimants and respondents.
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