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Starting a new job during maternity leave: ask the expert
I am currently on maternity leave and due back to work in October. I want to know whether I can take on a part-time job while still on maternity leave? My SMP is due to finish in July.
Preparation is key and it will improve your chance of success in the job interview
[Information correct and relevant as of November 2017]
If you start a part-time job during your paid period of maternity leave for a new employer i.e. an employer you did not work for during the 15th week before your expected week of childbirth, you will lose your entitlement to SMP for that week and for all remaining weeks of the maternity pay period.
As you only have a couple of weeks of SMP remaining, I recommend that you start your part-time job after your entitlement to SMP runs out. You will then still be entitled to the last payment of SMP from your original employer. Bear in mind that your employer may have specific rules in their maternity policy relating to pay if you take a part-time job (although this seems unlikely).
You should therefore also check your maternity policy and contract.
With regards to taking a second job, you must remember that whilst on maternity leave you are still classed as an ‘employee’ of your original employer. Whilst your part-time job will not affect your SMP provided you start the job after your paid period of maternity leave, you may still be required to inform your employer of your new second job.
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You should check your contract of employment to see whether second jobs are mentioned. For example, you may be required to obtain permission from your manager.
Such permission should not be unreasonably withheld, especially given the fact that you are not currently working for your employer and therefore the new job will have no effect on your ability to carry out your duties.
One alternative could be to submit a flexible working request to your original employer and see if you can return to your job on a part-time basis. This could be for a limited period (e.g. until October when you may want to go back full-time), or on a permanent basis. If your original job pays more generously than the part-time role would, this could be an option worth considering.
A flexible working request can be made in two ways – informally through discussions with your employer, or by following a formal statutory procedure. Should you require further information and advice regarding making a flexible working request, please contract Tracey Guest on 0161 975 3823.
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Comments [153]
Anon says:
I’m currently on maternity leave, I was on SMP but hat has finished now as I’m in the unpaid part.
I’m due to return back to my role in October, but a new job has come up elsewhere that I’m interested in. If I were to be intervied and offered this role, my leave notice at my current job would be 10weeks. Would I have to fulfil this? I’m already on no pay, my leaving early wouldn’t cost the business as they have someone covering my position (on less money) and as such there wouldn’t even need to be a handover. Or would I be expected to remain on the last part of my maternity at home in limbo waiting to start the new role?
Mandy Garner says:
Hi, your company could seek to enforce the notice period, but, as you say, it doesn’t make much difference to them so long as they have time to find a replacement. You should negotiate with them as soon as possible over this.
Adam Trudgian says:
Hello
Im currently working in a school and also work for an agency a few evenings a week. I’m going on paternity leave for three months. Can I still work a few evenings a week with the agency without loosing pay. Thank you
Mandy Garner says:
The following should help you – https://www.maternityaction.org.uk/advice-2/mums-dads-scenarios/pregnant/rights-for-parents-with-more-than-one-job/
mude says:
hi there ,
i am going to set a new business as a house company ( i will be one of the directors) 20 weeks before my maternity leave starts in another business that is not mine ?
would it be affect my maternity pay?
Mandy Garner says:
It shouldn’t affect SMP. You can do self-employed work without SMP being affected.
K says:
Hiya I work full time and started my maternity leave in May and am being paid smp I am going to hand my notice in beginning of August to start agency work in September would I receive anymore payments from my company? (39 weeks of smp) and me handing in my notice early August would it still get paid at the end of the month?
Mandy Garner says:
Hi,
Your SMP would end the week you start any new job.
jenny says:
i am currently on maternity leave and am receiving smp, i handed in my notice at old company and am due to start work for a new company before entitlement for smp runs out. I understand smp will stop the week i start work but would this be the week i receive my 1st payment from the new job or from my start date? my start date is 26th june but i am on holiday for the 1st 2 weeks so unpaid and the 1st actual payday at new firm wouldn’t be until 19th july – confused when smp would actually stop – start date or 1st pay week. Help!
ade says:
I am currently on maternity leave and at 6 month, i am looking for another job to start around the time i would be 10 month . so which basically means by the time i start the new job it would be the month my unpaid smp starts my question is this i still want to be a bank staff at my old job (so i am not completely leaviing). should i just give them a notice to say i would like to come back as a bank staff? and would i need to let hmrc know of my new job
Laila says:
Hello, I’m on maternity leave at the moment I’m 3months in and I’m getting statutory pay from my job but then I have a 2nd job but that’s just adhoc days and hours I get taxed on that. . Can I do adhoc hours without it affecting my pay?
Nicky says:
I also want to know this. I work for the NHS & will be going on Mat leave in May, can I do bank shifts at a different organisation on an adhoc basis?
Mandy Garner says:
If you start with a new employer during maternity leave, your maternity pay will end the week you start. You can do self employed work without affecting SMP. You would need to check your maternity policy with regard to enhanced maternity pay.
Nicola Jackson says:
I don’t think either of us are starting a new job but doing hours at a second job that we previously had. Mine pays through PAYE and gets taxed basic rate.
My mat eave policy for my main job says I can’t do bank work but it could be interpreted as for the same trust only and does not specifically state I cannot work for another company.
Mandy Garner says:
You would need to check the wording of your maternity policy and check with your Trust’s HR if you are in doubt and get any decision in writing. If you were doing the bank work before the 26th week of your pregnancy it should not affect your SMP – see https://www.rcn.org.uk/get-help/rcn-advice/maternity-leave-and-pay#Working during maternity leave
Onyi says:
Hello I took 52 weeks of maternity leave. I am currently at the last 3 months unpaid period. Is it possible to carry out part time work in this period.
Varun Bano says:
Hello. I am currently on maternity leave and getting Maternity Allowance from the job plus centre. I am due back in February, but am considering looking for a new part time job. Am I allowed to do this? If I found a new job and they required me to start in November, what happens in regard to my MA? Will my Job plus centre stop paying that or is it a little more complicated? I don’t want to get into any trouble or end up owing them money.
Thanks & Regards
Varun
ana says:
hello
If i was to take more then 12 months maternity leave (13 months and few days ) will i loose my job?Thanks
Anonymous- Sss says:
Hi. i am due to commence my maternity leave as follows- first 3 weeks of june i will be using my annual leave remiaining for this year and thereafter i commence annual leave for one year. I am due to travel to my parents home abroad which is the reason i need to stop work well ahead of my due date due to flying restrictions. My question is can i work part time abroad whilst i am on annual /maternity leave abroad – reason being i want to keep myself occupied till i deliver and baby actually needs full time attention.
Laura Hardie says:
I am currently in receipt of SMP, I finished work in September 2014 when my two year fixed contract ended. I have since found a part-time job two days a week and they would like me to start one day a week in May (my maternity is until end of May), can I still claim SMP for that month as I will only be working one day a week (4 days in total).
thanks
Anonymous says:
Hi. I started my maternity leave on 31/7/14. I will not be returning to work as I have a new job which starts on 4/5/2015. I was only entitled to statutory pay, so by the time I start my new job I will not be getting paid SMP. My contract says I have to give 2 months notice, but I have not been left with enough time to do so. I need to hand my notice in ASAP! Since I am still within my 'year' of maternity leave I just want to check what I need to do in this instance. For the purpose of my P45 do I put my notice as the day I start my new job, or do I put 2 months notice, or 31st July 2015? Do I need to notify HMRC?
Also would I accrue holidays only up to May when I start new job, or would I be able to put 31st July as my notice (a year after my mat leave started)and accrue holidays up to this point? Thankyou
Editor: I am a bit confused. Why are you not handing your notice in now which would mean you would have more or less served it by the time your new job starts? You can negotiate with your employer for your contract to end before you start the new job. Once you hand in your notice your employer should issue the P45 and inform HMRC, but negotiate with them to shorten the notice period. They should be okay about this since you would have been on maternity leave in any event. You continue to accrue leave up until your final day of work, but you could not claim leave if you are already working for another company. You need to sort out your notice period with your employer first.
Anonymous says:
I am currently contracting via an agency using an umbrella company. I am not entitled to smp but should be entitled to maternity allowance.
The question I have is 2 months after my baby is born the project I was working on will come to an end. I would like to go back to work a few days a week once baby is born temporarily before they wrap the project up after a few months.
Can I continue to get my maternity allowance whilst working part time temporarily as a contractor? If not, then what about once the project has ended and I am back at home, can my maternity allowance be continued / picked back up where I left off?
Editor: You can do 10 Keeping in Touch days on maternity leave without losing MA, but after that you will lose MA and you cannot restart MA once you have gone back to work.
Anonymous says:
do you think it is safe to let my current employer provide the reference?
Editor: Does the job begin shortly and do you have any other people you can ask for a reference? Could you provide the reference, but ask them to advise before they contact them so that you have basically secured the job before and are sure you want it before they take up a reference?
Anonymous says:
I am currently 25 weeks pregnant and eligible for contractual maternity pay or SMP at my workplace. however i am not sure if i would go back to my current job after i have had my baby.
i have only just secured a new job which is a zero hour contract job which i feel would be a better job for me after i have had my baby. The new job needs a reference
from my current workplace. i am worried that if my current employer provides a reference i would not be eligible for any mayternity pay.
Editor: You would definitely still be eligible for SMP as long as you are still with your employer as of the end of the 26th week of your pregnancy and were employed by them just before you got pregnant. You would have to check what the contractual maternity pay policy says. Sometimes, for instance, there is a clause about having to pay back the contractual part if you do not return.
Anonymous says:
Hello
I hope you're able to help please as this confused my old employers!
I started a one year fixed term contract in sept 2013. I became pregnant in Feb 2014. My contract finished on 31 August. As I was employed with the company before I was 15wks and after, I was entitled to SMP. This was paid from 1 sept (day after my contract ended), paid to me by my old employers. They said I no longer was employed by them (as my contract ended) but remain on their payroll, purely for the purpose of paying me SMP.
SO, I am officially unemployed whilst on smp as I don't have a contract to return to.
I therefore need to be job hunting now before my smp ends on 31 May.
Am I allowed to start a new job before the end of smp? It would be with a different company. Would I lose smp if I started work before smp ended, regardless of WHO I worked for? Thanks
Editor: Yes, you would lose SMP the week you started any employed work whoever the employer is.
Anonymous says:
Hi, I currently work full time for my employer for 2 years and I'm 6 weeks pregnant. I also have a second job as ` on call staff`.My second employer has just offered me a full time job and its indeed my dream job. If i take up the offer, will i qualify for maternity pay? Is it the best time to leave my current employer? I really don't want to lose this opportunity but very confused… Pls help
Editor: If you have been continuously employed by your second employer since before you got pregnant you would still qualify for SMP from them and SMP amount is calculated based on your average weekly earnings in the eight weeks leading up to the 26th week of your employment. Check here with regard to rules on continuity of employment and SMP - http://www.nidirect.gov.uk/statutory-maternity-pay-eligibility. In any event the difference between SMP and MA is generally just in relation to the first 6 weeks of maternity leave, where you usually get 90% of salary for SMP as opposed to the statutory rate for MA. If this is your dream job then you would have to take this into consideration.
Anonymous says:
Hi I am currently on maternity leave from a Monday Tuesday job but I am not intending to return, however I wish to start a new job before the end of the maternity but after the smp period, can I start the new job if I give notice to the old job but can I start before my notice period has ended?
Editorial: Your employer could enforce your notice period, but it is unlikely given you are on maternity leave in any event.
Anonymous says:
Hi…am currently on maternity leave from a part time job … getting paid smp plus a tiny bit extra from employer. Want to stay working here but also may take on another part time job before my smp due to finish…is this ok? As would end up with x2 part time jovs covering 4 days a week?
Editor: You should let HMRC know if you start a new job and your SMP will stop the week you start any new job.
Anonymous says:
Hi! I am currently on maternity allowance. Can I just work during the time I am on maternity allowance without telling HMRC and employer.
Thanks.
Editor: It is illegal to work and claim Maternity Allowance and if you are found out you would face penalties.
Anonymous says:
Hi I am currently on maternity leave, I am due back to work in 6 weeks.
At present I am trying to set up my own business. I am in the stage of promoting and trying to generate clients. I am not receiving any income and I am unsure how this works if I don't return to work.
Can you advise me if working tax credits help single parents in Northern Ireland financially as at present there is no income and I am unsure how to calculate this for the year ahead?
Editor: If you are receiving SMP, you do not have to repay it if you do not return and you can do self employed work without losing it. For benefits and tax credit information, contact http://www.turn2us.org.uk.
Anonymous says:
Hi, i am a nurse currently on matty leave for a year which will end 31st march 2015. I have received both omp and smp which has now finished. I have seen a job which is on the nurse bank so just working as and when required. If i took this job and left my old job would i have to pay back my omp. (Both jobs are within the NHS)
Thanks in advance
Editor: You would have to read your OMP policy as each policy varies. Is your employer a particular trust?
Anonymous says:
Currently I do 20 hours per week and I am 20 weeks pregnant. My company pays 26 weeks SMP, after I plan to take the additional 26 weeks maternity leave as well. Can I start a self employed job as a childminder while on maternity leave?
Editor: SMP is for 39 weeks. Do you mean occupational maternity pay. You can do self employed work while in receipt of SMP, but you would need to check your company policy on OMP.
Anonymous says:
Iv just finished my maternity leave how long do I have to work before I can hand in my notice with out loosing my maternity pay..
Editor: If you got SMP, you will not have to pay it back if you do not return. If it is an occupational scheme you need to check the policy.
Anonymous says:
I am considering applying for a new role that has come up. I wondered if my employer is obliged to keep the post open for me until my maternity is finished or if try can dictate a start date or even refuse to recruit me as I'm not able to return until at least May?
Editor: You could try to negotiate this, but they may want someone sooner than that.
Anonymous says:
Hi I am due to go on maternity however I currently work for 2 companies (they both know about each other) I will be receiving SMP from one employer will I be able to return work for the another employer without it affecting my SMP? I have work for one company for 8yrs and over a year for the other?
Editor: You can return to work for the second job without it affecting your SMP.
Anonymous says:
I am due to go on maternity leave in May. I don't plan to go back to my current job and have the opportunity to start my own self-employed small business on August 1st when I would still be receiving SMP. Would my SMP payments have to stop? DO I need to inform HMRC of my change in job? Would I get taxed differently on my SMP payments if they continue and I am earning from my self employed job? Trying to work out if I should wait to start the self-employed business once my SMP has finished. Thanks for your help.
Editor: SMP is not affected if you do self employed work, but you need to register with HMRC as self-employed.
Anonymous says:
I'm on maternity from my part time job been there per 7 years. I'm receiving smp. I'm due to go back end of February 2014. I am planning on going back to work at the end of February , but have been offered another part time job that I can fit in around this job when I go back. How would it affect my smp, if I start this new job? Wouldn't my payments stop? If so would I have to go back to my old job or wait till February to go back ?
Editor: Your SMP would stop the week you started a new job.
Anonymous says:
Hi my gf is on maternity leave and receives 538 smp from her company would this be affected is she done a couple of hours a night paid cleaning work before she goes back to work ?
Editor: I'm afraid if she does any paid work which is not self employed she will lose SMP the week she starts this.
Anonymous says:
I am currently on SMP, I am due to return to work in January. I have a meeting tomorrow with a supply agency. Will my SMP end if I sign onto their books but dont do any supply work until January?
Thanks
Editor: Provided you receive no pay during your SMP period you will continue to receive SMP. Otherwise your SMP will stop the week you start being paid in a new job and you must inform HMRC.
Anonymous says:
I am currently on maternity leave and get SMP. I am due to return in May. I have a relative who works for a company and they have offered me temporary work for 5 weeks only 1 day a week – just over the Christmas period. Can I do this? Will it affect my SMP and do I have to declare it?>
Editor: I'm afraid your SMP will stop from the week you start any employed work during maternity leave.
Anonymous says:
Hi, I want to apply for a job while I am off on maternity leave but I do not want to start it for approx 3-4 months until my SMP finishes. If I get a job offer, does the company have to keep this post opened for me?
Editor: They will state when they want someone to start and may be prepared to negotiate.
Anonymous says:
Hi I am ready for starting maternity leave on the 16 November finishing on the 16 August ,when I return to work I will have accrued 7 weeks holiday entitlement which I have to use by October ,when they start again ,can I add these into end of my maternity leave ,so to return end of September ,is it worth mentioning I work for nhs ?.
Editor: I would discuss this with your employer before you go on leave so they have advance warning, but usually employers do allow you to tack annual leave onto the beginning or end of your materity leave as you continue to accrue it while on leave.
Anonymous says:
Hi I am currently on maternity leave from my main employer however I signed up with a recruitment agency 18months ago to help me find work, and now they have contacted me with work (only 2 hours a day) and I am wondering whether my smp from my main employer will be affected if I take this.?
Editor: You would lose SMP the week you started this work.
Anonymous says:
Would it make any difference if the new job was also within the nhs?
Editor: You need to check the maternity package you have as each occupational maternity package differs. Your maternity pay would still stop the week you started work.
Anonymous says:
Hi, I work for the nhs and am currently on mat leave. I opted to have occupational maternity pay over the 12 months instead of 9 months. Im due to return to work in May 2015. Ive seen a job which I would love to apply for. However if I applied and was successful the start date would obviously be before my current mat leave finishes. How would this affect my mat leave pay? Thank you
Editor: Your maternity pay would stop the week you started your new job. Also check your occupational maternity pay package. It may say you have to pay the occupational part [ie the sum above the SMP rate] if you do not return to your original job.
Anonymous says:
hi, i am on matenity leave from my full time job. my paid 39 weeks is due to end at the end of SEPT.BUT I TOOK 3 MONTH EXTER OFF BUT NOW I NEED TO MY JOB BRFOUR 3 MONTH.SO CAN I START NOW WITHOUT INFORM THEM>
Editor: You must give your employer at least 8 weeks’ notice if you want to change your return to work date.
Anonymous says:
Hi, I am currently on the unpaid part of my maternity leave and was wondering if i am able to work part time during this period?
Editor: Are you intending to return to work after this? You might want to let your employer know if you are doing a second job – check if it states you need to tell them in your contract.
Anonymous says:
Hi, I am currently on maternity recieving smp. But would like to look for another job. If I were to be successful would I have to pay back the 90% I received for the first 6 weeks of my maternity?? Thanks
Editor: You do not have to pay back SMP if you find a new job, but it will stop from the week you start a new job.
Anonymous says:
hi, i am currently on maternity leave from my full time job. my paid 39 weeks is due to end at the end of sept. can i hand my 1 months notice in at my current job at the end of sept and start a new job the beginning of oct. will i still be entitled to any accrued holiday unto the end of my notice.
thank you
Editor: Yes, you can do this and you would be entitled to any leave accrued up to the time that you left, in the normal way.
Anonymous says:
Hi, I've just started my maternity leave and am not due to return to work until next August. I will be paid SMP based on my full-time employment. However, for the past two years I have also held a part-time job that my full-time employer was notified of as set out in my contract. I am thinking about perhaps resuming the part-time job before returning to my full-time position, potentially while I am still receiving SMP. Thus, working for my part-time employer would not really be taking on a "new" job, but I'm struggling to get clear advice on whether this move would affect my SMP. Could you please advise? Thanks a lot!
Editor: Were you doing this job at the 26th week of your pregnancy?If so, you can resume this during your maternity leave without your SMP being affected. See http://maternityaction.org.uk/sitebuildercontent/sitebuilderfiles/morethanonejob.pdf
Anonymous says:
Hello, I returned to work in June this year after taking 12 months maternity leave. I found out that I am pregnant again and am due to go on maternity leave again in January next year. I got MA in my 1st maternity leave and am not sure if it will be the same 2nd time round. What is the eligibility criteria for SMP? My employer seems a little 'funny' about me going away again – so much for equality! Anyway the whole thing has made me feel uncomfortable about returning after my maternity leave. Would I be able to do voluntary work and training to keep up my skills whilst seeking other jobs? Also, could I do some agency work to bulk up my CV? I would probably look to start this after the first 8/9 months. Would this affect my maternity pay?
Thanks!
Editor: For SMP you need to have earned at least £111 a week in the eight weeks leading up to the 26th week of your pregnancy. If not, you should qualify for MA if you have worked/been employed for 26 weeks in the 66 weeks leading up to your baby's due date and earned at least £30 in any 13-week period in these 66 weeks. You can do self employed paid work and still get SMP, but you cannot do any employed work without losing your SMP. For MA you would lose MA if you start new paid work during your maternity leave.
Anonymous says:
Hello, I've handed in my notice early to start a new job my employer doesn't know there's a new job just thinks I don't want to go back there, I also know my smp will stop early with me returning to work a few weeks early, if my employer doesn't know I've got a new job can I contact anyone to stop my pay?
Editor: You can contact your local tax office.
Anonymous says:
Hello, I'm due back to work end of September, but I've been offered a new job and want me to start end of august, I'm going to hand in my notice tomorrow so it works out to the 4 weeks notice I need to give! I know I'll lose my smp as soon as I start my new job, do I need to get in touch with anyone to tell them I've got a new job so my smp needs to be stopped or will my employer do that?
Just abit confused as what to do
Thanks x
Editor: Your employer should deal with this.
Anonymous says:
I am on maternity leave which started on 14 April 2014 and I should go back to work on 03 Nov 2014, I have invited for a paid training course from another company in order to apply for another job, they want me to sign a contract only for the training (10 days, online, 3 hours a day, following for a couple of interviews), if I pass it I will get the job. If I take this course I will lose my SMP?, Should I inform my current employer I will go for a training with another company?
Editor: Our HR expert Tara Daynes says that while it's not that unusual for people to do paid training before starting a job, she has only heard of that when it's after a job offer, contract & start date has been agreed, not as part of the selection process. She says: "Many candidates could be working full time for current employers during this time so signing an employment contract doesn't seem right – she would then also be entitled to other employment benefits, eg acrrued holidays for 10 days etc. It would make more sense for them to have people doing the course as hired workers, not employees with employment rights. Starting work with a non-liable employer after the birth would normally bring SMP to an end. I suggest she points out to the new company that she isn't in a financial position to be employed on this basis, & suggests that she does the course as a paid hired contractor instead, as she can do self-employed work without losing any SMP."
Anonymous says:
I have 3 part-time jobs and am due to start maternity leave in August. I can claim SMP for two of the jobs but the third I only started in April so am not entitled to SMP. Can I continue to work and get paid by the 3rd job without losing my SMP from the other two jobs?
Editor: If you did the jobs before you started maternity leave you can take different maternity leaves from each and continuing to work for one will not affect your SMP from the others. Click here for more information.
Anonymous says:
I'm currently on mat leave but not going back to normal but have been offered a self employed job. My mat leave finishes the 20 August (haven't handed my notice in yet). Can I start my self employed job now but hand notice in next month so I don't lose any money and do I have to tell anyone about my self employed job at the moment
Editor: You can do self employed work without affecting your SMP. You would need to check your contract about doing other work in addition to your employed work.
Anonymous says:
Hi, I am currently on maternity leave with my employer and am entitled to 90% 6 weeks, 50% 20 weeks and remainder on SMP. I am on mat leave week 8 and am doing a one off piece of work for my current employer which will be paid as 1 hours pay.
Will this have a negative impact on my maternity pay/SMP or will it remain the same as it is still with my existing employer?
Editor: You are allowed to do 10 Keeping in Touch Days [an hour of any one day counts as a day] during your maternity leave with no impact on your maternity pay so you will be fine.
Anonymous says:
Thanks. Does "employed" by my new employer (by week 15) mean contract signed etc., or does it mean the official start date of my employment?
Editor: It would be when you start work for your new employer.
Anonymous says:
Hi, I am on a fixed term contract that ends in July. My baby is due in October, and I am eligible for SMP from my employer even though my contract has finished as I meet the employment criteria.
I have been offered a new job starting in September. The new job know about my pregnancy and are willing to give me Maternity Leave, but legally cannot give me SMP as i won't have fulfilled the 26 week requirement before the birth.
If I accept the new job (which will give me no money during my maternity, but will essentially mean I have a job to go to in a years' time when my maternity leave finishes) will I lose my SMP, even though I won't be receiving any money from my new employer during the SMP period, and my contract with my old employer has ended, so i have no chance of going back to work there? Thanks.
Editor: You can work for a new employer and still receive SMP from your old employer before the birth. Once your baby has been born you cannot get SMP from your old employer if you start work for a new employer, unless you were employed by the new employer in the 15th week before your baby was due.
Anonymous says:
Hi I have been on maternity leave and I have just been offered a new job and sent in my resignation . I have now started work within my notice period is this ok? Also I am due holiday pay for this year and some for last year however my contract says holiday s cannot be carried over from one year to the next am I still entitled to last years holiday pay ?
Editor: Normally you should not start work during your notice period. Normally you would discuss before going on maternity leave whether to tack holiday accrued during leave onto the beginning or end of maternity leave, but if you are leaving they may well argue that you are not owed leave accrued during a previous year.
Anonymous says:
Hi. I work three days per week for the NHS and also run a private practice working for myself. My NHS maternity pay will therefore be based on three days and is not enough to live on, I intend to take the full year maternity. Is there anything to stop me returning earlier to my private practise? I.e perhaps after 6 months? The NHS trust maternity policy states I cannot work for another employer during maternity leave but would this include working for myself? And how can they have control over what I do if my maternity pay is based on part time anyway? Please advise, thanks.
Editor: You would need to check this with your employer as, with occupational maternity pay, each organisation has their own policy. For SMP this would not affect your pay.
Anonymous says:
Hi, I am currently on maternity leave and receiving smp. I have been offered a second job as bank staff at the hospital which will start the week my smp finishes however they want to start processing my application /contract now (7 weeks before). I will receive no payment or even go on a training course until my smp finishes but I'm worried that it will look like I'm employed from an earlier date and will lose my last few weeks smp. Please can you advise?
Editor: Our HR expert Sandra Beale says: It depends what is meant by processing the application. It could mean chasing references, etc. Provided you receive no pay during your SMP period you will continue to receive SMP.
Anonymous says:
Hi after maternity leave I took a week holiday but during this week I resigned, specifically the 3th of April because I was offered a new job. Do I have to wait one monhpth before starting the new job or can I start the 14th of April? I did not received the SMP I am just interested in knowing if I can start the new job.
Editor: You are still obliged to serve your contractual notice period.
Anonymous says:
Hi I go two jobs and I entitled for smp from both jobs I wondering if I go back to work with first employer and carry on maternity leave with my second employer will I still get my smp from my second employer.
Editor: Yes. You can take separate maternity leaves [ie beginning and ending at different times] with each one you qualify for SMP with.
Anonymous says:
Hello, I am due on 11th August. I work as a teacher for a private company. I have a zero hours contract till end of August 2014. My company have already told me that there won't be any work for me after the end of May 2014. Can I start my SMP from the beginning of July 2014 and look for another temp job in June and July? Thank you.
Editor: The earliest you can start maternity leave is generally 11 weeks before your due date - https://www.gov.uk/maternity-pay-leave/leave. You can start a new job before you start maternity leave and will still receive your SMP as long as you are in your current job until at least the 26th week of your pregnancy.
Anonymous says:
I work full time in the NHS and also self-employed teaching fitness. My mat leave with the NHS begins in 10 weeks and I'm taking 52 weeks off. I wanted to know if I could return to my fitness teaching after 3 months mat leaave without it affecting my SMP and occupational maternity pay. I can't find anything in my maternity policy through work that says I can't do this but don't want to lose any maternity pay.
Editor: You can work self employed without your SMP being affected. You would need to check with your HR people about your organisation's occupational pay scheme. The DWP website states “If you do any work in a self-employed capacity during your maternity pay period, then such work will not affect your SMP.”
Anonymous says:
Hi, I am currently 5 months into my maternity leave but it was a new government based scheme that paid my full maternity pay to my employer which they now have control of but I am really wanting to go back next months which will only be 6 months leave, would I still be entitled to the money that is left from my maternity or would that have to be paid back? Thanks in advance.
Editor: Maternity pay stops the week you return to work.
Anonymous says:
Hello,
Am I allowed to use my accrued leave after maternity leave for a contract job through an agency? Please advise. Thanks.
Editor: You would need to check your contract about doing other work outside your job.
Anonymous says:
Hello,
I work with the nhs,my SMP payments have stopped but I got a 10-week contract through an agency. I have some weeks leave accrued whilst on maternity leave. Can I use the leave to work for the agency? Is it wise to inform my manager of my intentions?Please advise. Thank you.
Editor: What does your contract say about doing other work? You need to check this as it may stipulate that you cannot do this. It may also be wise to let your manager know in case they find out through other sources.
Anonymous says:
Hello,
My SMP payments have now stopped and I have given my notice to my employer as I do not wish to return after the year of maternity leave to end 25th April. I am applying for new jobs, am I able to start with my new employer before the notice period comes to an end?
Editor: You should give contractual notice or try to negotiate with your old employer.
Anonymous says:
Hi I had a part time job when i stoped working I didnt received any documents and I start my new part time job. After half year I got to pay my tax from hmrc because i do have two part time jobs. What should i do because i working in only one part time job that means my last employer didnt tell hmrc cause i finished to work for him.
Editor: You will need to write with clearer, more detailed information via our Advice & Support/Q & A page box so our tax expert can help you. Have you contacted HMRC to explain the situation?
Anonymous says:
Hi, I'm currently on maternity leave I was on sick due to pregnancy prior to maternity starting my paid maternity ends late April my employer wouldn't allow me to take a/l before start of maternity as said dr said unfit to work until baby born however they refuse to allow me to carry it over nd would only allow me to take it if I came of maternity in fen nd returned to work 1st April can they do this?? Due to return in July but do not want to but will have to pay back enhanced mat pay which is less then the leave they owe me. ????
Editor: Annual leave continues to be accrued on maternity leave and is usually added to the beginning or end of your mat leave. The Equality and Human Rights Commission says: An employee continues to accrue annual leave during her maternity leave and the employer should apply their normal rules on taking and carrying forward annual leave. It is advisable to meet with the employee as early as possible in her pregnancy to discuss her annual leave and when she plans to take it. Employees should be encouraged to take as much annual leave as possible within each leave year to avoid a large accrual of leave. An employee cannot take paid annual leave during her maternity leave and then resume her maternity leave but she can end her maternity leave early, if she gives the correct notice, and take the time off on paid annual leave.
The law is currently unclear about what happens if a woman is unable to take all her annual leave in the relevant period because of her maternity leave, however, a House of Lords decision in the case of Stringer v HMRC, which applies to annual leave during sick leave may also be relevant to maternity leave. As a result of the Stringer case, an employee may have a claim for payment in lieu of annual leave if she has been unable to take her annual leave in the relevant period. The law currently says that an employee must take her statutory annual leave (the statutory minimum under the Working Time Regulations) in the leave year in which it accrues. Any contractual annual leave (over and above the statutory minimum) may be carried over to a new leave year, if provided for by the contract. Employers may use their discretion to allow contractual leave to be carried forward to avoid claims for a payment in lieu.
Anonymous says:
Hi, I am not due to go on mat leave until September this year from my full time job. I have been offered a part time private job one day a week which will start 15 weeks before my due date. I would like to continue to work at the part time job throughout my mat leave, but will this affect my maternity pay from my full time job? I'm hoping to take the full 12 months may leave and enhance my money with the part time job.
Editor: If you start it in your 26th week, you should be able to keep doing that job without losing SMP.
Anonymous says:
Hello, I am a part time teacher and my job is very stressful. I would like to take a year's maternity leave but think I would need to top up my pay in the last 3 (unpaid) months. I don't want to go back to my main teaching job until the last possible date as if is so stressful. However, I would like to do some ad hoc work as an educational IT trainer, or at the uni or as a supply teacher in the last 3 unpaid months. These are all extra educational jobs I have done before, but do not have a contract for. Would this be possible? Or could I get a little part time job in a shop or preschool or something in those last 3 months just to tide me over? Thanks
Editor: If you are in the unpaid part of maternity leave then it would not affect your SMP which stops the week you start work. However, it is worth checking whether your school's maternity policy allows this. Are you just being paid SMP or is their a contractual element to your maternity pay? If so, you would need to check the policy carefully.
Anonymous says:
I handed my notice in at work while I'm still on maternity and told them that I am starting a new job and therefore I am handing my notice in. I also did it in writing and wrote that I am giving my one weeks notice and what my last working day would be etc. Two weeks ago I got p60 from work and they paid me my remaining holiday pay that they owed me and my last smp. I then started my new job, however my last company are still paying me some money it's less than my usual smp what I usually get. However I am concerned as I have started my new job but I haven't been paid from that but I have told my last job that I was starting a new job?
Editor: Let your old payroll people and HMRC know. You are likely to have to pay this back if it is maternity pay.
Anonymous says:
Ok, thanks but if i handed my notice in and they submitted a p45 would this then mean i might not get smp from main job as technically i left at 9 months pregnant? I just spoke to the boss at surgery who said i was a perm member of staff too!!!
Editor: That sounds as if it would be considered a new job. Check with HMRC on 0845 30 21 479.
Anonymous says:
sorry i might have dates wrong, i have worked for my main employer for years, i then in Oct 2012 took on an extra 2 mornings a week job on a temp contract just to cover somebody else's maternity leave, i then fell pregnant myself about 2 months after starting, it wasnt a prob as they wanted me to finish around the time i would of been 9 months pregnant, then it came to my due date and they wanted me to stay on as an employee and come back after i had baby but because i would of been getting smp from my main job they said i wasnt entitled to any pay from them so i was advised to hand in notice on good terms, i have now had baby and am about to get my 3 months smp from main job, the surgery have asked me to cover one morning a week from now for 3 months, can i do this without losing my smp from main job?
Editor: Were you still employed by the surgery in your 26th week of pregnancy, ie 15 weeks before your due date and when you were around six months' pregnant? If you were then you can return to that job without losing SMP from your other job.
Anonymous says:
its a long story but basically i was working there 2 mornings a week on a temp contract they ended up keeping me for longer, i became pregnant after 26 weeks of working for them but they said they didnt need me by the time i was 9 months pregnant so i had to hand in my notice (on good terms) but basically got no pay etc from the surgery. I kept in contact and now baby is 6 months old they want me back again on a temp contract to help over 3 months? I believe i was entitled to something from them or even some pay whilst i was off as i knew they wanted me back, it was the way they did it!!
Editor: If you were still there in the 26th week of your pregnancy you should be able to start back without losing your SMP from your other job.
Anonymous says:
Hi, i am currently on maternity leave from my permanent part time job, my full pay runs out this week and then i am taking 3 months smp, so will go back in approx 3 months, however i have been approached by my local doctors surgery to work one morning a week for the next 3 months due to staff being off on long term sick, i also worked at the docs surgery pre pregnancy with permission from my current employer. Basically am i allowed to work 1 morning a week for the doctors surgery temp for 3 months but still be entitled to my smp from my perm employer? I rang HM Rev and asked this a few weeks back and they said yes i can but after reading similar posts it looks as though i might not be able to? Thanks in advance.
Editor: You say you did this work before you had your baby. When did you stop doing the work? If you were employed by both in your qualifying week [26th week of pregnancy] you can restart the second job without losing SMP from the first.
Anonymous says:
I am currently on my maternity leave. I started my job in March and worked part time 20 hours until my 25th week of pregnancy when I have gone up to full time 37 hours. As my contract is changed, but I am employed by the same company how would my maternity pay work out, would it just be based on part time hours, full time or both??
Editor: It would be based on a weekly average of the eight weeks leading up to your 26th week of pregnancy.
Anonymous says:
So the unpaid leave from new employer will not affect my smp from current job? Sorry very confused.
Editor: If you are employed in the second job before the 26th week of your pregnancy your SMP is not affected for the other job if you continue with the second job during maternity leave.
Anonymous says:
Hi I am 23 weeks pregnant, and have been offered a new part time job which I will be starting when I'm 24 weeks pregnant. I will also be continuing with my present employer, can I still receive smp and with the new job request unpaid maternity leave?
Editor: Yes, this is fine.
Anonymous says:
Hi, I'm currently on unpaid mat leave and I've been offered some part-time work. Can my current employer force me to come back to work early?
Editor: Your employer should assume that you will take all 52 weeks of your Statutory Maternity Leave. If you take the full 52 weeks, you don’t need to give notice that you are coming back. However, it can be a good idea to do so. If you wish to return earlier, for example, when your Statutory Maternity Pay ends, you must give at least eight weeks’ notice. If you don't, your employer can insist that you don’t return until the eight weeks have passed. You must tell your employer that you: are returning to work early; want to change the date of your return. Your employer cannot force you to return earlier.
Anonymous says:
Hi. I am currently fully employed at 19 weeks pregnant. I have been offered a flexible second job with a different company max 20 hours a month. If I take this how will it effect my SMP from my full time role? I plan on taking a year off from full time, but only 3 months flexible role. Apart from my current employers who else will I need to tell? Thank you.
Editor: If you start before your 26th week of pregnancy it will have no impact on your SMP from your first job and you don't need to tell anyone bar your first employer.
Anonymous says:
Hi I'm in my 7th month of SMP and I've found another job. I've given notice to my first employer and my notice period run out on the 10 of december 2013 and they paid my 'leavers holiday' last Friday. I've had first trial shift at new job on 23rd of November and since then I've worked only couple of days so far. I haven't received any wages so far. My question is, will I be asked to pay something back to my old employer? And will my SMP continue or stop? Please help I cannot find any answers related to this issue. Thank you x
Editor: Our HR expert Sandra Beale says: If you start working for a new company whilst on SMP and receive pay then you must inform HMRC and your SMP will stop.
Anonymous says:
Hi I am currently on maternity leave from a "permanent" job. I have had 8 months off (8 months of SMP). I am looking for a new job. However, my old job has a 3-month notice period. If I gave in my notice to start work as a "contractor" at a different company can I start work before the end of my notice period with my current employer?
Editor: You are still an employee while on maternity leave and have to give contractual leave, but if your employer is not expecting you back before a year then you should be able to negotiate with them about your notice period.
Anonymous says:
I am currently on maternity leave and intended to go back after 9 months when my smp runs out! I know my employer will let me extend this for another 3 months (taking full 52 week entitlement, no smp for last 3 months), so can I get a second job for the last 3 months of by maternity? I shouldn't have to pay any smp back?
Editor: You won't have to pay back SMP, but check your contract to see if you need to let your employer know about taking a second job. They will find out eventually as you will be put on a different tax code as you will not be able to give a second employer a P45 if you are still employed by your current employer – for this reason, it may be a good idea to let them know rather than them finding out through the tax office.
Anonymous says:
I am on maternity which is due to end at the end of February. I have been offered a new job to start in a few weeks time. I am going to give one weeks notice as that's what I'm required to do. I have 5 weeks holidays that I have not took, will I be paid for these?
Editor: You continue to accrue holiday in the normal way while on maternity leave so you would be entitled to all you have accrued by your final leaving date. However, workers don’t have an automatic right to carry over leave they haven’t taken but in some cases they may be able to. If a worker can’t take leave because of being on some other type of leave (for example, sick leave or maternity leave), they may be able to carry-over some or all of the untaken leave into the next leave year.
Anonymous says:
I am on maternity leave now and I get pay from my employer, but I want to take another job as I am not returning back to my current job. My maternity pay stops by April 2014.
Editor: You would need to let HMRC know and you would lose SMP the week you start any new job while on maternity leave.
Anonymous says:
I am due back to work in feb, I have given a note as requested by my employer that I will be returning back to work at this time, and an interview has to be set to organise shifts etc, which has not yet taken place. However since handing in my note I have been offered a better job elsewhere, what do I do in regards to my current employer?
Editor: You would have to give your full contractual notice. See http://www.nidirect.gov.uk/taking-your-holiday
Anonymous says:
Hi, I'm currently on paid maternity leave since end August from a full time job and have been offered a few odd days ad hoc work at a family member's business – would this affect my SMP and are there any requirements I would need to meet?
Editor: Are you working on a freelance basis? You are allowed to do self-employed work without losing SMP.
Anonymous says:
I am a nurse on maternity leave 6 months full pay… I am also currently registered with a nursing agency and have been doing the odd shift for the agency before I went on maternity leave. Employer aware of this… I have be granted additional unpaid maternity leave for 16 weeks…. Can I do the odd agency shift wile on this unpaid leave from my main employer???
Editor: Our HR expert Sandra Beale says: The odd shift during unpaid maternity leave should not be an issue.
Anonymous says:
Hi, I'm currently on maternity leave, was due to go back to work on 9th December however I have handed in my notice so this is my last month. Would my last month's pay be affected if I were to get a part time job now??
Editor: You would lose your SMP the week you started a new job.
Anonymous says:
No only registered. I need to update my training with the agency and it is only one day not paid for , do I loose the smp?
Also pls advise about flexible working. Iwhen three months is due for review can they refuse it even when ur circumstances have not change from the time you applied for it?
Editor: A day’s unpaid training should affect not SMP. If you were to be paid then it could. Re flexible working: is this a trial period? Your employer could argue that it is not working out on review, but they would need to cite specific reasons which come under the flexible working legislation and you could appeal. See https://www.workingmums.co.uk/advice-and-support/career-advice/197211/flexible-working-a-guide-for-employers.thtml
Anonymous says:
No only registered. I need to update my training with the agency and it is only one day not paid for , do I loose the smp?
Also pls advise about flexible working. Iwhen three months is due for review can they refuse it even when ur circumstances have not change from the time you applied for it?
Editor: Are you on a trial period for flexible working? They can say it is not working, but they would have to give a reason which fits with the flexible working legislation for doing so. Is the training day totally unpaid, ie not paid at some point in the future?
Anonymous says:
I am currently on maternity leave in the same situation as many above. I have been offered a job before my SMP is due to end. I understand that my SMP will stop on the week I start work and that I will not have to pay any SMP back but this new job requires for me to start within the next 2 weeks so if I give my current employer the notice needed I wouldn't obviously of been working anyway so am I able to start the new job within my notice period? Thanks.
Editor: Our HR expert Sandra Beale says: I would advise her to phone the company up and check if they would accept a shorter notice period to start with. If she were to give a shorter notice period without their agreement she could be in breach of contract.
Anonymous says:
Can you take agency work during smp e.g one/ 2days?
Editor: You cannot start any new job in your maternity leave without losing your SMP the week you start that job. Did you do any work for the agency before you went on maternity leave?
Anonymous says:
I am currently on maternity till the 1st Dec I am due to start a 2nd job on the 8th Dec, however I need to do 2 training days on the 1st and 2nd of Nov which I get paid for in Dec when my maternity has ended. Will this affect my smp?
Editor: Your SMP will stop as soon as you start at your new job, including for training days.
Anonymous says:
Hi,
I can't find the exact info I need. I am on mat leave and may get the job I have been interviewed for. My mat leave end next year – april but I requested due to financial reasons to go back this nov ( that's 4 months after the birth of my lo ). The new employer if i get the job wants us to start first week of Nov ( the week I go back to current employer ). Do I need to give them the 4 week notice or can I leave and start the new job in nov instead?
Editor: You would have to give your contractual notice, but you may be able to negotiate something with your employer, particularly if they are expecting you back.
Anonymous says:
I have 2 jobs – the other worked 3 nights the other 1 night. I am currently on maternity leave and receiving smp from my 3 night job, but I want to go to the other job to do 2 nights. l'm left with 4 months on my maternity – will l lose my SMP?
Editor: If you were doing both jobs in the 26th week of your pregnancy you will not lose SMP.
Anonymous says:
I went on maternity in jan & was taking a year off. After looking into childcare to my work rota & my partner's, I decided to hand my notice in & say i would only take 9 months maternity rather than a year. However, another job has come up & is perfect, no childcare needed but it started in sept which is when my smp runs out but get payment in oct, but now my previous employer is saying that i am entitled to a week's maternity pay in oct & will be paid in nov with any hol pay, am i entitled to that?
Editor: I am unclear about whether you have started your new job? If you are still receiving SMP [which lasts for 39 weeks], your SMP will stop from the week you start a new job so you would not be entitled to any SMP after this. You would, however, be entitled to any accrued holiday pay up until your last day in your old job.
Anonymous says:
Hi there, I was let go from my employers 7 weeks before my maternity period was due to start. As I was no longer working for the company but still eligible for SMP, they paid this in a lump sum in March, but it was paid for the period until the 2nd week of December. I'm wondering if I would be able to work on a self-employed basis for a delivery company (so working for an employer, but not on a PAYE basis) before the middle of December without having to pay back part of my SMP?
Editor: Working on a self employed basis will not lead to withdrawal of SMP – see the third paragraph here - http://www.dwp.gov.uk/publications/specialist-guides/technical-guidance/ni17a-a-guide-to-maternity/statutory-maternity-pay-smp/working-in-your-maternity-pay/
Anonymous says:
Hi, I am currently on Maternity Leave which is due to finish in June next year (I would have taken a whole year off), so my SMP finishes in March. I am thinking that I won't go back at all now. When do I have to give my notice, 1 month before my maternity ends? Also will I have to pay any of my SMP back? Thanks
Editor: You do not have to pay back SMP. You just need to give your usual notice and you can do this at any time without losing SMP. You will only lose SMP if you start a new job while on maternity leave.
Anonymous says:
Hi, I'm currently receiving SMP until mid September. I've just been offered some work for seven hours a week whilst on SMP to help a friend. Can I be employed by her or should I do this as self employed? I will still be returning to my original work in September.
Editor: If you are employed in a new job while on maternity leave you will lose your SMP from the week you start the job. However, you will not lose SMP if you are self employed.
Anonymous says:
Need some advice. Going back 2 years I interviewed for my dream job at a top magic circle law firm. Unfortunately, I was unsuccessful as they offered the job to another candidate, who later on didn't accept. I found this out as the job re-advertised via an agency who contacted me regarding the job which perfectly matched my CV. I didn't reapply on the advice of the agency who explained the client may not want to see me again. Fast forward to today, the job has been re-advertised (obviously not filled) and I have applied again as I feel it's too good an opportunity to not apply for. Plus I really wanted the job when I applied the first time.
The dilemma. I am currently on maternity leave and have requested flexible working application to begin 1st October with the view of resuming back full time early next year. The plan is to look for a new job once my 6 months is complete. If I was successful in this job this time around, I could just tell my employers I'm not returning, but I cannot afford to pay the enhanced maternity back. Is there any way I can get my current employer to waiver that or be upfront with this new firm and tell them this situation and I won't be able to start until early next year. Will they be willing to wait that long? Will they be put off by the fact I'm on maternity leave. Should I even mention it? Please advise!
Editor: This is a tricky one. If you go back to work you would only need to be back for a short time to avoid having to pay back enhanced maternity pay – check your contract. Could you return earlier than 1st October? In any event, many employers require more than one month's notice so your new employer might be willing to wait until mid-October.
Anonymous says:
I'm currently on maternity leave from my main employer, receiving SMP (SMP until next April) and enhanced MP from the company. Twice a year, I teach as a visiting lecturer for a local university – 30 hours per module (I.e. 60 hours a year). I'm not a permanent employee, rather employed contract by contract. I do not qualify for SMP through the university. My main employer is aware of my second job and has no issue with it.
It so happens that I was employed by the university during the qualifying period (I.e. in the period preceding 15 weeks before EWC). I'm due to commence another teaching module 30 hours, 4 weeks) in October – as my employment with the university will technically have ended and recommenced in the interim period. Is there a chance of me jeopardising my SMP from my main employer by taking up the visiting lecturer role in October?
I've tried to check with the HMRC, but have been passed from pillar to post with no definitive answer, so would really appreciate your help.
Editor: Our HR expert Sandra Beale says: Your SMP will not be jeopardised if you can show that continuous service with the university is implied during the interim period between contracts. There is existing case law on this subject in relation to educational establishments but I believe it is related to a relatively short gap between the summer and autumn terms. From the information you have provided I feel continuous service would be difficult to prove in your case and you could jeopardise SMP with your main employer by taking on a new contract with the university.
Anonymous says:
Hi, I am on maternity leave now for my 5th month and I've got a new job and waiting for CRB. Is it ok that I'm still employed in my original job then start in my new job probably next month. My question is, is it ok that I'm not going to resign my old job to receive SMP while starting a new job? I really don't know about this.Hope to hear your reply.
Editor: I'm afraid that as soon as you start your new job your SMP will cease.
Anonymous says:
i am currently on maternity leave and my 39 weeks is up on the 13th August. However, I have been offered another job and they wish me to start on the 26th of July. I have to give a month's notice to my orginal employer so will the SMP continue as part of my notice or will it stop. I would also like to know that that if I choose not to leave my original employer could I do the 2 jobs, for example, use my 10 kit days with my main employer and do other hours with this new job?
Editor: Your SMP will stop from the week you start a new job, not from handing in your notice. You need to check your contract about doing a second job. The stipulations of your contract apply during maternity leave.
Anonymous says:
I am 29 weeks pregnant and my employer is making me redundant on 1st August. I have been told I am still entitled to SMP which is starting 21st August. If I decide to take a new new job after being made redundant, Will I still be entitled to the SMP?
Editor: Once you’ve established your entitlement with your employer, you get SMP even if you leave your job (or are made redundant) before you actually start receiving it. And once you start getting SMP, your employer must continue to pay it to you even if you leave. If you start the new job during your maternity leave or work during maternity leave your SMP will stop the week you start work.
Anonymous says:
Hi, I have a query. My paid SMP is due to finish in mid August, but my maternity leave will end in early November. I received 6 weeks full pay and 33 weeks standard SMP. If I get offered a job after paid SMP, with a start date before November, can I take the job?
Editor: You can start a new job, but you still have to give your contractual notice to your old employer. You will not have to pay back any SMP.
Anonymous says:
Hi there,
Just after some advice.
I have 2 jobs. One is working 40 hours a week and the other is 6 hours a week. The 6 hours a week is classed as my second job.
I am wondering whether I am able to continue with my second job during maternity leave from my main job? I teach group fitness classes in an employed position so its more of a selfish reason to go straight back to work, as I would want to get back into shape!!
Any help would be much appreciate.
Thank you 🙂
Editor: If you were doing your second job from before your 26th week of pregnancy you can continue doing it without losing SMP.
Anonymous says:
Thanks, I spoke to the inland revenue and they informed me that this wouldn't be an issue from their perspective and my current employer is aware of the situation. Can you perhaps just outline what other possible complications you envisage may arise? I need to be 100% certain about this situation before I accept/decline the position that has been offered.
Editor: If HMRC and your employer are aware and there is no issue then it should be okay.
Anonymous says:
I am currently employed by the NHS and on maternity leave and receiving occupational pay at 6 weeks pay at 90% usual earnings then 33 weeks lower rate SMP per week and then 13 weeks unpaid. I am still within the first 6 weeks of my maternity leave. I have in the meantime found another job outside the NHS, which will not start until after my maternity leave period ends. This new job has offered me a one-off 'Golden Hello' payment, which if I accept will be made whilst I am on maternity leave, but as I mention I will not start working for them until after completing the period of maternity leave. Am I allowed to accept such a payment whilst receiving occupational maternity pay? Grateful for any advice.
Editor: Our HR expert Sandra Beale says it might be best to try and defer the golden hello until after your maternity leave ends to avoid any possible complications related to income.
Anonymous says:
Hello, I have a query regarding working whilst on Maternity Leave and receiving SMP. My baby is due at the end of September. I currently have two part-time jobs that I started nearly 2 years ago. I am contracted to work more hours for one employer than the other & consequently the pay levels are different. I have calculated that I will be entitled to receive SMP from one employer, but not the other. Can I continue to work for the employer who pays me less, whilst receiving SMP from the other? Both employers are aware that I have another job, and both are happy with this situation.
Editor: Yes, you can continue working for the job you are not claiming SMP for.
Anonymous says:
I am currently on maternity leave. My problem is my employer has sold her business while I have been on maternity leave. My question is, do I have any rights at all in case the new owner/ employer does not want me to work for them? I have worked for my old employer since 2001. Am I entitled to any severance pay?
Editor: Your employment rights should be TUPE'd over when the new owner takes over so you would have the same rights as under your previous employer – see http://www.acas.org.uk/index.aspx?articleid=1655. If they want to make your post redundant they would need to go through a consultation process and you would be entitled to redundancy pay - https://www.gov.uk/redundant-your-rights/overview
Anonymous says:
Still confused re-the agency question. Does that mean I will be entitled to nothing if I take a job with the company? Or will the agency pay the SMP even if I'm working for a new company?
Editor: If you start a new contract with the company, rather than the agency, after you are pregnant you will not be entitled to SMP from the company, but if you are still working for the agency into your 26th week of pregnancy they will be obliged to pay SMP whatever you do afterwards.
Anonymous says:
I am currently on maternity leave entitled to 1yr. I work as a nurse for the NHS and so am entitled to 8 weeks full pay, 18 weeks half with SMP which is then followed by 13 weeks of just SMP and then another 13 weeks of unpaid maternity leave. The pay cut during the period when I only receive SMP (13 weeks) and then the unpaid leave which again is 13 weeks will have a major impact. So I wanted to set up a private company and be self employed which I can work part time and flexibly from when I start receiving SMP up until the end of my 1 yr maternity leave when I will go back to my permanent job as a nurse. So will my SMP be affected if I become self employed? Also do I have to tell my employer that I am self employed during this period (they will not be very happy with this); thirdly, am I better off waiting until I start my unpaid leave before becoming self employed?
Editor: If you do any work in a self-employed capacity during your MPP, then such work will not affect your SMP - http://www.dwp.gov.uk/publications/specialist-guides/technical-guidance/ni17a-a-guide-to-maternity/statutory-maternity-pay-smp/working-in-your-maternity-pay/. Check your contract about self employed work and think about the implications if they found out and you had not told them.
Anonymous says:
I am currently temping, through an agency, with a large company, and have been for 18 months. I am entitled to SMP from the agency and have just submitted my MATB1 form.
I have been for interviews at the company for a permenant position. If I were to get one of these jobs before i would go on my mat leave-would I then not be eligible for SMP? Or would the agency have to pay it?
I'm so confused! Any help would be appreciated!
Editor: Our HR expert Tara Daynes says – Once someone has become entitled to SMP, they continue to be entitled to it even if their contract is terminated. So the agency would still need to pay it even if you leave (although they can claim it back so they won't be out of pocket.) You wouldn't be eligible for it from the company if you started a new contract with them, as you wouldn't have the length of service required for eligibility (it wouldn't be continuous service as your employer would have changed.)
Anonymous says:
I work two days a week as an employee for a company and also work as a self employed person for my own limited company. When I go on maternity leave I will get SMP from my employer . Can I still continue with self employment without losing SMP?
Editor: Self employed work will not affect SMP – see http://www.dwp.gov.uk/publications/specialist-guides/technical-guidance/ni17a-a-guide-to-maternity/statutory-maternity-pay-smp/working-in-your-maternity-pay/
Anonymous says:
Sorry still a little unclear. So are you saying they will pro-rata the SMP week up to the day before I start my new job? My maternity leave started on a Thursday. Would it make sense to start my new job on a Friday? If I start on the wednesday would I lose the previous weeks maternity pay also as its the last day of my maternity pay week.
Editor: SMP is paid on a weekly basis in the same way and at the same time as you receive your normal pay which is normally at the end of a working week so it will stop at the end of the working week.
Anonymous says:
Sorry still a little unclear. So are you saying they will pro-rata the SMP week up to the day before I start my new job? My maternity leave started on a Thursday. Would it make sense to start my new job on a Friday? If I start on the Wednesday would I lose the previous week's maternity pay also as it's the last day of my maternity pay week.
Editor: What it boils down to is you cannot receive SMP and be paid in the same week. SMP is paid by weekly. It is not pro-rata'd.
Anonymous says:
I've seen a lot the comment " the week you start your new job" e.g. "If she leaves and finds another job her SMP will stop the week she begins the new job". I was just wondering if there is a particular day of the week that this kicks in on? Is it a Sunday to Sunday week, for example? If I'm going to a new employer on part time hours I want to be able to get the most days work in if I'm going to lose my SMP. #
Editor: You will lose your SMP from the week you go back to work so your last SMP payment will be for whatever day you are paid before you return to work.
Anonymous says:
I am currently on mayernity allowance and have been offered a new job. Am I able to leave my current job and sign a new contract, but stay on maternity leave as I'm not due to go back till September? Thanks.
Editor: You would not lose MA until the week you actually start your new job.
Anonymous says:
Hi. I have a 6 month old. I resigned from my teaching job giving a full term's notice. My employer has not paid me SMP from the date she received the letter. I do not have any plans to seek employment as I want to look after my children. Should I be entitled to SMP up until 39 weeks? I have worked in the same job over 10 years.
Editor: You should definitely be entitled to all your SMP. Ring HM Revenue & Customs Enquiry Line on 0845 302 1479 for advice and information. You may then be directed to the HM Revenue & Customs Statutory Payments Disputes Team. They make decisions on all questions you may have on SMP. The Statutory Payments Disputes Team can be contacted on 0191 2255221.
Anonymous says:
Hi, I currently have a full-time job as a nurse and do some occasional work (typically 1-2 shifts per month privately for a family – I have done this for around 7 months already and my main employer is aware). This second job is all done properly and I pay tax etc. There is nothing in my main employer's policy prohibiting work whilst on maternity leave. My question is, once my contractual maternity pay finishes at around 6 months and I move to SMP only for three months will working for my second employer effect my entitlement to SMP? I think it is unlikely that I will want to do additional work in the first six months after my baby is born, but would this be a problem if I wanted to? I'm worried about the big drop from contractual pay to SMP and this additional work would soften the blow a bit. I am 20 weeks pregnant.
Editor: You would lose SMP if it was a new job you were starting, but this is a job you will have been doing before your 26th week of pregancy and with your employer's knowledge so you will not lose SMP.
Anonymous says:
I'm currently on maternity leave and was due to go back to my current employer on the 8th July. However, I have just been offered a job and they would like me to start on the 17th June. My question is am I ok to hand in my notice to my current employer on the 14th June, to start my new job on the 17th June as I don't want to hand in my notice too early as they would stop my maternity pay at the earliest opportunity.
Editor: If you are talking about SMP, you do not have to pay it back and your employer cannot stop it. It will, however, stop the week you start a new job. You need to give your correct contractual notice.
Anonymous says:
I've been living and working in England for 4 years. I've now had my second child and I'm receiving SMP but relocating back to New Zealand next week, will I continue to receive SMP until the end of the 39 weeks or will it stop when I move back?
Editor: You can still receive SMP, but must inform the relevant tax office. See https://www.gov.uk/claiming-benefits-move-travel-abroad/maternity-and-childcare-benefits.
Anonymous says:
Hi there. I'm currently on maternity leave and due to return to work in October. However, next week I have an interview for an apprenticeship. Do I have to return to my job or I can I just give my employer the standard week's notice? If I decide to do the apprenticeship and work only a few shifts a week in my current job will I have to return at the same time as my apprenticeship starts? I hope this makes sense!
Editor: You are not obliged to return to your job after maternity leave. You just need to give your contractual notice. If you are on SMP, your maternity pay will end as soon as you start work. If you are on an enhanced maternity scheme you may have to pay back maternity pay if you do not return. You would need to check your contract.
Anonymous says:
I am currently on maternity leave, but have just found out that I am expecting again. My employer only pays the basic 90% SMP. The baby will be due 8 weeks after I am due to return work. Am I still entitled to SMP for baby no. 2? Will the 90% be 90% of the SMP I am receiving now??
Editor: SMP is based on your average weekly earnings in the 8 weeks up to the 26th week of your pregnancy so unless you can go back to work in those weeks you will probably only qualify for Maternity Allowance. This is similar to SMP except for the first six weeks of your maternity leave where you get 90% of your average weekly earnings.
Anonymous says:
Hi there, I am currently in receipt of SMP and I am self employed. My SMP finishes at the beginning of August, but I have been offered 'employed' work of 2 days per week which I would like to accept. Does this mean my SMP will stop and do I need to inform HMRC?
Editor: If you start a new job during your maternity leave, your SMP will stop the week you start your new job.
Anonymous says:
My partner worked 16 hours a week and is receiving SMP. Can she leave to take a new job?
Editor: If she leaves and finds another job her SMP will stop the week she begins the new job.
Anonymous says:
I have been working for my current company over 2 years and soon I’m off to maternity. However, my employer is giving me only 6 weeks of my 90% salary (is there any time they counting this 90% from as I got paid depending hours I do or is it last 6 weeks of work before i leave) and then for remaining 33 week I will receive £128.73 weekly, but as I found out online all other quotes related maternity are £135.45, this makes me wonder if I am being ripped off. Also after my maternity if I do not want to go back to this same work, do I have to give them notice ? While on maternity I should be treated the same as being employed. Is this correct???
Editor: You must be talking about Statutory Maternity Pay which is currently 90% of your salary [based on your average weekly salary in the eight weeks before your 26th week of pregnancy] for six weeks then £135.45 for the 33 remaining weeks. It may be that your employer has just not got the updated figures or an error has been made so it is worth querying this. They can check it out on the HMRC website. It kicks in as soon as you go on maternity leave. You have to give notice in the same way you would if you were at work and you are still considered an employee while on maternity leave so have most of the same rights as someone who is not on maternity leave.
Anonymous says:
Hi, I was dismissed from my job in September, but as I’d worked for the company for years they still had to pay me maternity pay. This is due to end in June. However, I am not entitled to any company benefits such as holiday pay etc… due to my dismissal. I am thinking of starting a new job part time. Am I still entitled to SMP? Do I have to inform my previous employer or will inland revenue do this??
Editor: If you start a new job during maternity leave your SMP will stop the week you start work. You would have to inform HMRC in advance.
Anonymous says:
Hi there, I’m on maternity leave, but now on the unpaid element as I am taking a year off. I have submitted a flexible request, but this as been turned down, so it will be difficult for me to return to work. I have been offered another job with another company. Can I start work with this other company if I am still on maternity leave with my current company, although not receiving any payment. My contract states I must give a month’s notice, but I was only on a contract for 12 months which ran out in January. They offered me a FT role from Jan whilst on maternity leave, but I never signed the contract as I didn’t have my flexible request approved, so didn’t want to sign something legal if I knew I couldn’t work the hours. So, can I start a new job without giving notice to my current employer as I might have to start work sooner than the month notice period?
Editor: Our HR expert Tara Daynes says you would still have to give your notice to your employer, as they need to know you won’t be returning after her mat leave, but if you aren’t working during that time anyway, you can still take up another position elsewhere during your notice period.
Anonymous says:
Thank you. I only received SMP so I am aware that does not need to be paid back. Also, will they pay me for any holidays I am entitled to if I chose to end my maternity leave early for another job? And, if I leave and do not have another job to go to, do I give my one month’s notice a month before 10th June or a month before 22nd July (after my 30 days holiday)?
Editor: As an employee you still accrue holiday while on maternity leave, but check whether your company allows you to carry over holiday from one financial year to another. It is up to you when you give your notice.
Anonymous says:
Hi, I am currently on maternity leave and have decided not to return. I have seen another job (with fewer hours) that I would like to apply for. If I was offered this job it is likely to start before my maternity leave ends. How much notice do I need to give my employer – my contract states one month’s notice for termination. My maternity leave finishes 10th June followed by 30 days holiday so I would not actually be returning to work until 22nd July. Can I give one month’s notice? Or is it more complicated?
Editor: One month’s notice is all you need to give if that’s what it says in your contract. Check if you have enhanced maternity pay that you do not need to pay it back if you do not return to work.
Anonymous says:
Hi. I am currently on maternity leave and looking to start up a cake business from home so will be self employed. My employer provides 6 weeks at 90%, 12 weeks at 50% + smp and then rest at just smp to take it up to the 90%. I am currently towards the end of maternity leave so just recieving smp. Is it ok to set up as self employed now or would i lose my smp as i recieved my enhanced pay already?
Anonymous says:
Hi, I am currently on maternity leave, but my contract finished 31st December 2012 and I have no job to return to. Am I able to take other employment or do I have to wait until my SMP finishes?
Editor: You can seek other employment, but your SMP will stop the week you start a new job. You will not have to repay any SMP you have received up until that point, though.
Anonymous says:
Thank you. I meant using up to 10 KIT days for the second job if need be, but I understand that would not be allowed since I would not claim any SMP for the second job?
Editor: If you only qualify for SMP from one employer, you can continue to work for the employer who does not pay you SMP, providing you were employed by that employer in the 15th week before your baby was due. It does not constitute a new job so you would not lose SMP if you go back.
Anonymous says:
I am currently on maternity leave from my main employer (my SMP ends in May) and have just been offered another (part-time hourly paid) job with a start date in March. I would, however, not start actually working until June (when my SMP ends). My question is about 10 ‘stay in touch’ days. Would this apply to my new (and second) job, even though I would not be eligible for Maternity Pay from that second employer? In other words, can I continue to be employed by my main employer, sign the new contract (for second job) in March, not start working until June, but be allowed to use up to 10 ‘stay in touch’ days in the meantime if necessary without losing my SMP?
Editor: Your SMP will only stop the week you start your new job. I am unclear who you would use the KIT days for? Your main employer? You can certainly use up to 10 KIT days for the job you are claiming SMP from without losing it.
Anonymous says:
My maternity pay has been as follows, 90% of basic wage for 6 weeks followed by SMP for the following weeks. I don’t want to return to my job but wish to try and get a different job. If I was successful in getting a new job would I owe my current employer any money? Is it likely that I will have to pay back the 90% for 6 weeks that I received? If you do have to pay money back do you pay a monthly amount or do they request all money owed immediately?
Editor: SMP is six weeks at 90% of salary then £135.45 a week thereafter and you would not have to pay it back if you took another job. However, if you start another job during the paid part of your maternity leave, your SMP will stop.
Anonymous says:
If you are pregnant and do part time hours, when you take maternity leave do you get paid based on how much you earn part time hours or do you full time pay.
Also if you get maternity pay based on your normal working hours, I would then change to full time
hours. When is the latest I would need to change my hours to full time so that when I get maternity
pay it will be base on my new full time hours?
Editor: SMP is based on your average weekly earnings over the eight weeks preceding the 26th week of your pregnancy. You would also need to be eligible for SMP on the earnings rule – you would need to earn more than £107 a week and you would need to have worked for your employer from just before you got pregnant.
Anonymous says:
Hello, My wife starts maternity leave today and she will be paid 90% of her pay for 6 months. She was only working part time (3 days a week) with her employer. She is setting up a limited company that she will work on 2 days a week. Will this affect her maternity pay from her employer (if she returns to work with them or not)? And does she have to disclose this new business venture to her employer whilst on maternity leave. Thank you.
Editor: It should not affect her maternity pay, but it sounds as if she is on enhanced maternity pay rather than just SMP [which is 90% of pay for six weeks and then £135.45 a week thereafter] so she should check her contract. Self-employment does not affect SMP and she does not have to pay back SMP if she decides not to return to work. However, she may have to pay back enhanced maternity pay if she does not return. Again she should check her contract. She does not have to disclose this venture to her employer, but it may be a good idea to let them know just in the interests of transparency.
Anonymous says:
Hello. I am currently on maternity leave and getting SMP (for the first 3 months I had full pay but after that it is SMP). I am due back in March, but am considering looking for a new part time job. Am I allowed to do this? If I found a new job and they required me to start in February, what happens in regard to my SMP? Will my current employer stop paying that or is it a little more complicated? I don’t want to get into any trouble or end up owing them money.
Editor: If you are past the paid part of SMP when your new job starts you will not need to pay anything back on the SMP front. Your SMP will stop as soon as you start another job. However, it is worth checking your contract to see if you have to pay back any additional maternity pay you have received [and three months at full pay you refer to].
Anonymous says:
Hello. Can I just check – am I alright to start a self-employed part time business whilst on SMP if I am planning to return to my job?
Editor: Yes, you are. If you do any work in a self-employed capacity during your MPP, then such work will not affect your SMP. See http://www.dwp.gov.uk/publications/specialist-guides/technical-guidance/ni17a-a-guide-to-maternity/statutory-maternity-pay-smp/working-in-your-maternity-pay/ 
Anonymous says:
I am due to start maternity leave from Feb (on SMP only). I have chosen to take 12 months, but am thinking that I will not return to my original job once this period is up. I was wondering am I allowed to give my 3 months’ notice period at the 6-month period, so that I get all my SMP? Can I apply for jobs and if offered one between the 6-9 month period am I allowed to accept and start? or do I have to wait for the notice period to lapse?
Editor: You will get your SMP at whatever point you hand in your notice, but you will lose SMP if you start a new job before the end of your paid maternity period. You are still technically employed by your employer during your notice period so you should let them know that you want to start a new job and they may cut short your notice period.
Anonymous says:
Hi there, I’m on maternity leave and due to return to my employer in april. I have been offered another job and they want me to start in a months time. Will i still receive my maternity pay even though I will be getting a wage from my new employer ?
Anonymous says:
Hi, I gave in my notice on the 11th but started a new job on the 14th. My maternity pay had already ended, but I have not been paid my accrued holiday pay which my manager told me I should receive today.
Am I still entitled to my holiday pay?
Editor: You should be entitled to any accrued holiday pay. If an employee resigns at the end of her maternity leave period the employer must pay her for her accrued untaken annual leave. If the employee resigns with the termination date effective before the end of her maternity leave she will be entitled to payment only for leave accrued to the date of termination.
Anonymous says:
Can I start a new job instead of going back to my old job?
Editor: You can, but you need to check your contract as you may need to pay back any additional maternity pay if you have received it [ie on top of SMP] and you need to give due notice to your employer.
Cuixin Guo says:
I will need 4 weeks notice to resign on my contract, can I start a new job before this 4 weeks ends? I’m on my maternity leave at the moment. i.e. if I give my notice on 03.07.15, the last day would be 31.07.15, can I start a new job on 27.07.15? my SMP ends on 24.07.15.
Anonymous says:
Does this also apply if you are on maternity leave from a part-time job?
Editor: Yes, it does.
Anonymous says:
Does this also apply if you are on maternity leave from a part-time job?
Editor: Yes.
Anonymous says:
Can I do unpaid work whilst on maternity leave?
Editor: You can do self employed or voluntary work without any loss of SMP.