Film, Media & TV0 min ago
temp
7 Answers
I am 10weeks pregnant I work for a recruitment agency as a temp I have been in this job for 4 months; do I have any rights to maternity pay and leave?
Answers
1 to 7 of 7
Best Answer
No best answer has yet been selected by recruitment. Once a best answer has been selected, it will be shown here.
For more on marking an answer as the "Best Answer", please visit our FAQ.
To get SMP you must have been:
Employed by your employer into the qualifying week which is the 15th week before the week your baby is due.
Employed by the same employer without a break for at least 26 weeks into the 15th week before the week your baby is due. Part weeks count as full weeks.
Earning before tax an average of �84.00 a week. This is called the Lower Earnings Limit for National Insurance Contributions (NI) and is the amount you have to earn to qualify for benefits. You have to earn more than this amount before you actually start paying NI.
If YES to all, claim SMP.
http://www.dwp.gov.uk/lifeevent/benefits/statu tory_maternity_pay.asp
Employed by your employer into the qualifying week which is the 15th week before the week your baby is due.
Employed by the same employer without a break for at least 26 weeks into the 15th week before the week your baby is due. Part weeks count as full weeks.
Earning before tax an average of �84.00 a week. This is called the Lower Earnings Limit for National Insurance Contributions (NI) and is the amount you have to earn to qualify for benefits. You have to earn more than this amount before you actually start paying NI.
If YES to all, claim SMP.
http://www.dwp.gov.uk/lifeevent/benefits/statu tory_maternity_pay.asp
If you can�t get SMP from your employer, you might get Maternity Allowance (MA) if you:
are employed
are self-employed and pay Class 2 National Insurance contributions or
have a Small Earnings Exception certificate
are not employed but have worked close to or during your pregnancy
The conditions are that you:
worked (either on an employed or self employed basis) for at least 26 of the 66 weeks before the week your baby was due (a part week counts as a full week).
earned an average of �30 over any 13 of those 66 weeks
The standard rate of MA is �108.85 or 90 per cent of your average weekly earnings, whichever is less. If your expected week of childbirth begins on or after 1 April 2007, it is paid for up to 39 weeks. If your expected week of childbirth is earlier than this then it is paid for up to 26 weeks. MA is not liable to income tax or NI contributions.
are employed
are self-employed and pay Class 2 National Insurance contributions or
have a Small Earnings Exception certificate
are not employed but have worked close to or during your pregnancy
The conditions are that you:
worked (either on an employed or self employed basis) for at least 26 of the 66 weeks before the week your baby was due (a part week counts as a full week).
earned an average of �30 over any 13 of those 66 weeks
The standard rate of MA is �108.85 or 90 per cent of your average weekly earnings, whichever is less. If your expected week of childbirth begins on or after 1 April 2007, it is paid for up to 39 weeks. If your expected week of childbirth is earlier than this then it is paid for up to 26 weeks. MA is not liable to income tax or NI contributions.
Payment of SMP does not depend on you intending to return to work for your employer after your baby is born. If you qualified for SMP you are entitled to get it and keep it, even if you do not return to work.
You have a right to return to your former job after maternity leave on the same terms and conditions.
If you take additional maternity leave after ordinary maternity leave you have a right to return to the same job, or one with no less favourable terms and conditions if it is not possible for you to return to your former job.
If your contract of employment gives you different rights to the statutory minimum set out above, you can take advantage of whichever is better for you.
You have a right to return to your former job after maternity leave on the same terms and conditions.
If you take additional maternity leave after ordinary maternity leave you have a right to return to the same job, or one with no less favourable terms and conditions if it is not possible for you to return to your former job.
If your contract of employment gives you different rights to the statutory minimum set out above, you can take advantage of whichever is better for you.
Sorry, I'm just curious, being a temp myself...
Is it not different for temps though? Or would the "employer" you mention in your first post be your agency? I had no idea you had any sort of maternity rights if you are a temp, that would be good to know!
Not that I'm planning anything, obviously...:-)
Is it not different for temps though? Or would the "employer" you mention in your first post be your agency? I had no idea you had any sort of maternity rights if you are a temp, that would be good to know!
Not that I'm planning anything, obviously...:-)
1 to 7 of 7
