I am employed with a full-time job and I have three other zero hours contracts – all of these I will have had by the 15th week of my baby being due. The work varies from week to week, for one it varies from 10 to 15 hours weekly. The other is two hours every week, although only during school term time and the other can be weeks apart with only a few hours at a time. Can I claim statutory maternity pay from the full-time job (I am entitled) and then once the baby is born continue to work the three zero hours contacts and still claim statutory maternity pay from my full-time job without it being taken from me? Or can I only claim statutory maternity pay and do no work for the other jobs?
I understand you are employed with a full-time job but you also have three other zero hours’ contracts. The hours you work on the additional three contracts vary from week to week, one of these contracts you do 10 to 15 hours a week and another is two hours every week during school term time. You confirm you will have had all these contracts by the 15th week of your baby being due.
You want to know whether you can claim statutory maternity pay from the full-time job and then after your baby is born continue to work the three zero hour contracts.
In order to qualify for statutory maternity pay (“SMP”) you must have been employed by your employer for a continuous period of at least 26 weeks up to and including the 15th week before the week in which the baby is due AND during the eight-week period ending with the 15th week before the week the baby is due, you must have had average earnings of at least the lower earnings limit for National Insurance.
The general rule is that, with the exception of Keeping In Touch days, any work done for an employer during the SMP period extinguishes your entitlement to SMP for the week in which the work is done.
However, where an employee has worked for more than one employer during the qualifying weeks, but one of them is not liable for SMP (for example, because of your level of earnings from that employer) you may return to work for the non-liable employer without affecting your right to SMP from the other employer.
Therefore if you do not qualify for SMP from any of the zero hour contracts, you can continue to work for them.