Premature baby & Maternity

Hi, just looking for some advice or suggestions regarding maternity pay. I was due in October but circumstances meant that my baby girl arrived 17 weeks early. I understand that my maternity leave started on the day I gave birth but I am being told by my employer that I am not entitled to statutory maternity pay as she was born early, I would be entitled if she was still due 15 weeks before due date. I am entitled to occupational maternity but this is minimal just worrying about this along with my baby girl being in NICU!! Any advice or suggestions would be appreciated.

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What is the reason they are giving for not qualifying for SMP. Would you have qualified if your baby had been born at full term?

They've almost certainly got that wrong.

None of it is making sense to me, I have been working in the same job for over 3 years. I would be entitled to SMP if baby was full term. I will challenge it just don’t have the energy right now. Just trying to stay positive and pray for my baby girl on NICU.

@Joanna you are still entitled to maternity pay if you meet the qualifying criteria. So you were employed at the right time. Do you meet the rest of the eligibility criteria in terms of your earnings! Did you provide your matb1 form in time etc?

@Katie I will check again but I am sure I do meet the qualifying criteria. I wasn’t due to get my MATB1 form until after my 25 weeks appointment but baby was born at 23+3 so got it and sent it after I gave birth.

Share the above with them, they need to understand what they are doing is unlawful and you will likely have a claim for maternity discrimination. Whilst I appreciate you have much bigger things in your world right now you are entitled to the leave and the pay, I would send your employer an email stating you've had advice and are aware you are entitled to maternity leave and therefore the pay that you qualify for and you expect this to be expedited so as not to add stress to your already stressful situation. If they have not done this within 7 calendar days (so give them a deadline) you will raise a claim with ACAS and the statutory dispute team at HMRC who will be able to help you and let your employer know they are incorrectly withholding statutory pay. https://www.gov.uk/government/organisations/hm-revenue-customs/contact/statutory-payment-dispute-team

@Katie thank you so much! I appreciate this information!

@Joanna no problem at all. If there's anything else I can do feel free to drop me a message

@Katie all sorted now, spoke to the correct person in the know. I am definitely to SMP along with my employers OMP. Thanks so much for your advice!

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