Pregnancy query

[WindyAnna]

If you have a contract of employment, even a temporary or fixed term one, with your agency they have to pay you SMP (which they will get most of back from HMRC as pp said) if you are still employed with them in your 26th week of pregnancy and you have been employed by them for the previous 26 weeks. The 90% is worked out as an average of the two months between your 18th & 26th week of pregnancy. (You probably know all this already). So your contract end day and EDD are key to what you will get.

If you don't qualify for SMP you will still qualify for maternity allowance which means you will still get the 112 quid for 39 weeks ratehr than 6 weeks at 90% and then and then 33 weeks at 112 quid.

Windy

[Archangel]

And as posted on the other thread a few hours ago:

Sorry, didn't realise you were the same poster!

[Ardesco]

As posted on the other thread (about which umbrella to use), the employer (agency or umbrella) gets most of the SMP back from the taxman (92% at worst) so there is no need for them to wriggle.

And as posted on the other thread a few hours ago:

Looks like I was wrong then, I can see this as something that could potentially be abused on a massive scale though...

[Archangel]

Need a bit more information really. Is the agency paying you PAYE, or are you going through an umbrella?

I would be surprised if they didn't have a clause that allowed them to wriggle out of paying you maternity pay as they don't have any income to pay you wages if you aren't working.

As posted on the other thread (about which umbrella to use), the employer (agency or umbrella) gets most of the SMP back from the taxman (92% at worst) so there is no need for them to wriggle.

[Ardesco]

Have been working as a contractor on a PAYE basis with the same agency for 5 years now. I have just found out I am pregnant and due in October. My current contract only has 2 months to run. Assuming I get an extension to the contract until I stop to have the baby, am I right to assume that I can request that my agency pays me Statutory Maternity Pay of 90% my weekly wage for 6 weeks and then the £100 odd a week after that?

Thanks

Need a bit more information really. Is the agency paying you PAYE, or are you going through an umbrella?

I would be surprised if they didn't have a clause that allowed them to wriggle out of paying you maternity pay as they don't have any income to pay you wages if you aren't working.

[irresponsible]

Have been working as a contractor on a PAYE basis with the same agency for 5 years now. I have just found out I am pregnant and due in October. My current contract only has 2 months to run. Assuming I get an extension to the contract until I stop to have the baby, am I right to assume that I can request that my agency pays me Statutory Maternity Pay of 90% my weekly wage for 6 weeks and then the £100 odd a week after that?

Thanks

Congratulations snookie28! I am in a similar position babywise and as a soon to be single mother I am very worried about my loss of income. Did you speak to your agency about this already?

[hyperD]

I remember that one. Is that the one where they're stranded on the moon's surface and is a bit of a remake of "Hell in the Pacific"?

Ah, fond memories.

That's the one.

[Lucifer Box]

I remember that one. Is that the one where they're stranded on the moon's surface and is a bit of a remake of "Hell in the Pacific"?

Ah, fond memories.

[hyperD]

Zeit - did you see UFO on ITV4 today (Sat)?

Quick bit of Gab Drake and Ed Bish and a closeup of some "aliens". Sad to say that the befriended alien got fried because Paul's intercom failed and he couldn't say the green one was a new found mate.

Ah, brings back the ol' memories...

[bangface]

Interesting. Wonder if shout99 may be a better place to ask. This is a bit outside normal scope of contractor queries and they have more proper accountants on tap.

Statutory maternity pay is a feature of PAYE. Whether you are legally an employee or not, are they entitled to administer PAYE other than in accord with the rules? Can they just suddenly say, oh we don't like that bit, let's not do PAYE for this person any more?

In all these things, always pays to check what you actually agreed to in your contract first though. If they can just terminate your contract at short notice anyway, as is usual, "rights" may be irrelevant.

I never bother to read contracts before signing them. For all I know my current agency has a right to sell me into slavery.

If the employment business is acting in the capacity of her employer, ie. paying her PAYE, they will have certain obligations as said employer in that they will be responsible for the payment of Statutory Maternity Pay and other Statutory entitlements.

[xoggoth]

Interesting. Wonder if shout99 may be a better place to ask. This is a bit outside normal scope of contractor queries and they have more proper accountants on tap.

Statutory maternity pay is a feature of PAYE. Whether you are legally an employee or not, are they entitled to administer PAYE other than in accord with the rules? Can they just suddenly say, oh we don't like that bit, let's not do PAYE for this person any more?

In all these things, always pays to check what you actually agreed to in your contract first though. If they can just terminate your contract at short notice anyway, as is usual, "rights" may be irrelevant.

I never bother to read contracts before signing them. For all I know my current agency has a right to sell me into slavery.

[Lucifer Box]

If you are their employee, yes.

[snookie28]

Have been working as a contractor on a PAYE basis with the same agency for 5 years now. I have just found out I am pregnant and due in October. My current contract only has 2 months to run. Assuming I get an extension to the contract until I stop to have the baby, am I right to assume that I can request that my agency pays me Statutory Maternity Pay of 90% my weekly wage for 6 weeks and then the £100 odd a week after that?

Thanks