Statutory maternity pay through umbrella company

[Gemma79]

Hello

I've been researching the criteria for statutory maternity pay (SMP) through an umbrella company and understand you must have been employed continuously by your umbrella provider for at least 26 weeks before the 15th week before the baby is due.

If you meet this criteria, do you have to remain on the same contract (ie at the same end client) during this time or can you work on different contracts (different end clients) provided you've been employed by that same umbrella company continuously?

And by continuously, if you were to have a week's break between two contracts, would that then make you ineligible for SMP?

Really grateful for any thoughts/comments!

[cojak]

Interesting question. I'm not sure how pregnancy squares with the contractor 101 of 'no work, no pay'. Ultimately the umbrella only returns the money you earn minus their cut? I suppose you get maternity benefits and that's what your expecting (no pun intended)?

[eek]

Interesting question. I'm not sure how pregnancy squares with the contractor 101 of 'no work, no pay'. Ultimately the umbrella only returns the money you earn minus their cut? I suppose you get maternity benefits and that's what your expecting (no pun intended)?

The first link google returned to me is:

Umbrella company guide to maternity rights, pay and benefits for contractors :: Contractor UK

Two things leap out from me about it:-

1. the calculation is based on Average Weekly Earnings and needs to be over £107 so I guess any umbrella employee is over that.
2. unless you got a p45 when your first contract finished I think all you have is a 1 week (possibly unpaid) holiday with the umbrella. You continued working with them its just your average pay is £1000*25/26 rather than £1000*26/26 or whatever it needs to be.

Best to call your umbrella on Monday and ask them but assuming you haven't been given a P45 when your first contract finished I think you are OK you've been continually employed by them..

[Alan @ BroomeAffinity]

If you don't qualify for smp through your brolly (and I don't know whether you do or don't) you'll get maternity benefit direct from the benefits agency. It's the same amount but a bit of a pain to claim.