Pregnant and employee under parasol

[Hello88]

Hi all.

I am a first timer.

I am an 'employee' of a umbrella group called parasol but I work for an agency. I don't know if that makes sense. I was hired by the agency to work for an IT company but some how PArasol group are my employer.


Right....

My question is I just found out I'm pregnant I've been with the company for 8 months. 1st Am I entitled to maternity leave... 2ndly Would I be entitled to SMP because of my weekly earnings 3rdly how does one obtain SMP when one is not on maternity leave. 4thly how am I classed as an employee as I'm not permanent staff at the company I work for. I am classed as temp/agency staff.


Hope this isn't confusing.

[LisaContractorUmbrella]

Hi all.

I am a first timer.

I am an 'employee' of a umbrella group called parasol but I work for an agency. I don't know if that makes sense. I was hired by the agency to work for an IT company but some how PArasol group are my employer.


Right....

My question is I just found out I'm pregnant I've been with the company for 8 months. 1st Am I entitled to maternity leave... 2ndly Would I be entitled to SMP because of my weekly earnings 3rdly how does one obtain SMP when one is not on maternity leave. 4thly how am I classed as an employee as I'm not permanent staff at the company I work for. I am classed as temp/agency staff.


Hope this isn't confusing.

The rules with SMP through an umbrella company are exactly the same as with any other employer so you should notify your umbrella company that you are pregnant and complete the appropriate paperwork

[Sockpuppet]

My question is I just found out I'm pregnant I've been with the company for 8 months. 1st Am I entitled to maternity leave... 2ndly Would I be entitled to SMP because of my weekly earnings 3rdly how does one obtain SMP when one is not on maternity leave. 4thly how am I classed as an employee as I'm not permanent staff at the company I work for. I am classed as temp/agency staff.


Hope this isn't confusing.

1. Yes. You get up to 12 months the same as everyone else.
2. Yes. Currently you have to earn over £107 a week.
3. Through your employer (Parasol) even if you leave they still have to pay you SMP once you've qualified for it. If they refuse the Govt pays it. You can't claim SMP if you're not on maternity leave - I.e. you can't work and claim at the same time but you don't have the be employed by someone to be on maternity leave.
4. Parasol are an Umbrella. They handle your PAYE so are your employer in a legal sense. Temporary workers (which you are) have the same rights as permanent workers (remember rights != benefits so no enhanced mat pay).

[Laura Parasol]

Hi Hello88,

You have correctly stated that you are an employee of Parasol and as an employee of Parasol you have exactly the same rights as any other employee, this includes your right to maternity leave and maternity pay.

In terms of maternity leave, you are entitled to take up to 26 weeks’ ordinary maternity leave and up to 26 weeks’ additional maternity leave, which totals 52 weeks leave. This is regardless of the number of hours you work or your length of service.

Like any other employee, to be eligible for statutory maternity pay, you must satisfy the continuous employment rules, which include;

•You must have been employed with Parasol for a continuous period of at least 26 weeks into the qualifying week;
•The qualifying week is: the 15th week before the week in which the baby is due;
•Your average weekly earnings in the 8 weeks leading up to your qualifying week is not less than the lower earnings limit for national insurance contributions, which s currently £107 per week.

As you have stated you have been employed with Parasol for 8 months, you should therefore satisfy the above criteria and be entitled to statutory maternity pay, as long as your average weekly earnings is not less than the lower earnings limit for national insurance contributions.

If you contact the Employee Support Team, they would be more than happy to discuss the exact details of your maternity entitlement with you and also go through how your SMP will be processed.

In answer to your final point, you are classed as a permanent employee of Parasol’s, who works on assignments for end users. For the avoidance of doubt, when your assignment comes to an end with an end user, you still remain an employee of Parasol and therefore it will be Parasol who will process your maternity pay as your employer.

[LisaContractorUmbrella]

Excellent explanation from Laura; this applies to all UK employers and therefore all compliant umbrella companies