Maternity Pay??

[kaba81]

Hi, I have worked through an agency for various contracts for just over a year - I have just found out I am pregnant and would like to hear from anyone if they know if I am entitled to any sort of Maternity pay??

I am at 2nd interview stage with a company for a permenant position - I would be working on their books... If I get offered the position, I am going to have to tell them I am pregnant.... Where does this leave me? Will I be entitled to maternity pay? Can they refuse me the job?

If I don't get this job -  I have worked through an agency for various contracts for just over a year - will I be entitled to any sort of Maternity pay with them??

 

Your answers are greatly appreciated

[Miss Zippy]

You will be entitled to Statutory Maternity Pay from the current agency you work for, even if you are not an employee of the agency. However, if you are not an employee, then you will not be entitled to take paid time off for ante natal checks etc. Whether you are an employee rests on a number of things such as frequency of work and whether you are able to pick and choose work (in which case you might not be an employee).  Do you have any sort of written contract with them which would clarify your position?  Regarding the new job you are going for - you are not legally obliged to voluntarily tell them you are pregnant but if you are asked you will have to decide how you want to play it.  If you disclose you are pregnant and do not get the job and you believe you were the best candidate (difficult to prove), there is a potential claim for sex discrimination, but this is obviously going to be tricky to prove and probably not a route that you would want to take with a baby on the way (employment tribunal clamis are very stressful for claimants).  If you got the job, you would be entitled to SMP from your new employer - you do not need to have worked there for a minimum length of time to qualify.

[Miss Zippy]

Kaba81 - in saying you're entitled to SMP from your current agency, I've assumed that you've been earning more than the lower earnings limit each week, which is around �80.

[kaba81]

Hi Miss Zippy,

Yes I earn over �80 per week...

Your answers are very much appreciated!

[kaba81]

HI Miss Zippy,

Thank you for taking the time out to answer my question.. I really appreciate it! :0)

 

Kaba81

[Miss Zippy]

Glad to help.  Good luck :o)

[Miss Zippy]

Kabal - apologies but the information I have given you regarding SMP entitlement in your new job, should you get it, is wrong.Although there is no minimum qualifying period for maternity leave entitlement, to be entitled to SMP in your new job you must have worked there for at least 26 weeks before your qualifying week � your qualifying week being 15 weeks before the baby is due. Sorry about the misinformation.

[ursula62]

If you have been on the payroll of the agency you will be entitled to claim SMP from them.

However, if you have been contracting using a limited company or a sole trader then you will not receive any maternity payments from the agency as technically, your limited company was your employer, not the agency.  

[kaba81]

Hi Miss Zippy,

Thank you anyhow, the info lead me to look onto a couple of websites etc and did really help me!

Ursula62,

Good to know, thankyou so much for putting in the time & effort to answer my question. ;0)

[ursula62]

best of luck with the job AND the baby kaba81