① Unemployed And Pregnant

Thursday, October 14, 2021 10:57:46 PM

Unemployed And Pregnant

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This includes full or part-time work. You can still apply for Maternity Allowance if you are currently unemployed as long as you completed at least 26 weeks of employment in your test period. If you are still employed you should ask your employer to work out if you can get SMP first. If you do not meet the qualifying conditions your employer must give you form SMP1. My Maternity Allowance has been refused as I was on maternity leave and not working for 26 weeks during the 66 week test period. Is that correct? No, it is not correct. You do not need to have worked for 26 weeks but you need to show that you were employed for at least 26 weeks in the 66 weeks before your baby is due. You can count weeks on maternity leave whether paid or unpaid in order to meet the employment condition for claiming.

You are still employed during weeks of sick leave, annual leave, furlough or maternity and parental leave. If you are refused Maternity Allowance because you were on maternity leave in your 66 week test period you can telephone MA Claims on and ask for a mandatory reconsideration review within 28 days or as soon as you are able to and refer them to the section from the Maternity Benefits decision-makers guide below. This 66 week period is known as the test period. A week means a whole week or any part of a week. For employed earners, this is satisfied as long as a contract of employment exists or a contract to provide services.

This is because the woman continues to have contractual rights other than pay pertaining to her employment such as membership of any pension scheme she belongs to during unpaid leave and can accrue paid holidays. However, a woman who is on unpaid leave for another reason for example a career break is not engaged in employment. My employer pays occupational maternity pay. Can I get it for my next pregnancy? If your employer pays occupational maternity pay over and above the SMP amount , you will need to check the terms of your contract or maternity policy to see if you qualify.

Your employer cannot refuse to pay SMP if you qualify for it for your next baby, however, it is up to your employer to decide on the terms and conditions for qualifying for any additional occupational maternity pay that they provide. Do I have the right to return to my job after a second period of maternity leave? Your rights on return to work will depend on how much leave you take and whether you take all your leave consecutively immediately after each other or with gaps in between.

The table below sets out your rights to return after consecutive periods of leave. You will be counted as having returned to work in between periods of leave if you returned to work after your leave came to an end or you gave notice to end it early. You will also be counted as having returned to work if you were on annual leave or sick leave. It does not matter how long you returned to work, even if you return to work for one day it will count as a break in your leave. If you take any shared parental leave SPL you will have to add up the total number of weeks of maternity leave and shared parental leave in order to work out your rights on return to work from a period of shared parental leave. For more information on shared parental leave, see the information sheet Shared parental leave and pay.

SPL where your total leave adds up to 26 weeks or less on aggregate you have to include any periods of SPL and maternity leave taken in respect of this baby. Right to return to the same job or, where it is not reasonably practicable, to a suitable alternative job OML plus Additional Maternity Leave AML maternity leave of more than 26 weeks. SPL where your total leave adds up to more than 26 weeks on aggregate including any periods of SPL and maternity leave taken in respect of this baby. If you return to work for a day or more in between the first AML and second OML you will have the right to return to exactly the same job.

If you return to the same job, you are entitled to receive the same terms and conditions that applied immediately before your leave began. If you are offered a suitable alternative job, you are entitled to be offered similar terms and conditions that are not substantially less favourable than your terms and conditions in your previous job. For more information, see Dealing with problems at work. You should resign in the normal way, giving your employer as much notice as possible and at least the notice required by your contract. You do not have to return to work for your notice period. For more information, see Resigning from your job during pregnancy and maternity leave.

Can I reduce my hours if I return to work after a second period of maternity leave? The laws gives all employees the right to ask for flexible work. You can make a request at any time, providing you have been employed for at least 26 weeks. You can only make one request a year. You should make your request about three to four months before you wish the change to take place. Any change to your hours of work will normally be permanent, unless you and your employer specifically agree to a temporary change. If you want to reduce your hours for a few months to ease your return to work, you must make sure that this is agreed with your employer from the outset.

You need to think carefully about what type of flexible work you want e. Your employer must seriously consider your request and can only refuse for certain business-related reasons e. Your employer should consider how you can do your current job more flexibly. If your employer refuses your request you can appeal and you should seek advice from one of the organisations listed below. See the information sheet Child friendly working hours for more information. Once your baby is born you can claim Child Benefit. You should get advice before making a new claim for Universal Credit as you cannot go back onto tax credits and you may be worse off on Universal Credit.

For more information contact the Tax Credit Helpline on or see: www. You may be able to claim Universal Credit if you are on a low income or you have a new baby and you are not receiving Child or Working Tax Credit. SMP is treated as earnings and is partially disregarded under Universal Credit rules but all of Maternity Allowance is treated as unearned income and is deducted from a Universal Credit award. For more information on Universal Credit, see: www. You can get help with Universal Credit claims through the free national Help to Claim service: England: , Wales: , Scotland: For an online benefits calculator, see www. For more information on benefits for families, see: Money for Parents and Babies. This information sheet was produced in January It is very important to get up-to-date advice as law and guidance changes.

This guide is for information purposes only and should not be treated as legal advice. You are strongly advised to get personal legal advice about the individual circumstances of your case. For information on maternity and parental rights at work and benefits, see: www. For advice on employment rights or for Early Conciliation if you are thinking of making a tribunal claim. For information about your rights see: www. If you are eligible for legal aid you can get free legal advice on 4 offers translation service. To check your eligibility see www. Help and advice on discrimination and human rights www. For information and advice about discrimination law www. For information for employees and employers about pregnancy and maternity rights in the workplace see: www.

To make new telephone benefit claims or request claim forms, including Maternity Allowance and Sure Start Maternity Grant: Mon — Fri 8am — 6pm. Universal Credit helpline — for new claims and existing online claims: Mon — Fri 8am — 6pm. For help with claiming Universal Credit see: www. To find out if there is a Law Centre in your area telephone or see: www. Online benefits calculator and grant search www.

Pregnancy Discrimination. Time off for antenatal care. Most states have similar options, and each has a website with the details on how to apply for unemployment benefits. How to find your state unemployment office:. You can also visit CareerOneStop to access a directory of state unemployment websites. Many states have what is known as a "waiting period," otherwise referred to as a "waiting week" as part of their unemployment insurance laws. For example, in New York State, you must serve an unpaid waiting period equivalent to one full week of unemployment benefits before you receive payments. Minnesota has a non-payable waiting week before benefits can be collected. In some locations, the waiting week benefits will be paid, but you will have to wait until the end of the claim period in order to collect those funds.

Based on the state-by-state differential, it's best to check with your state unemployment office website as soon as you lose your job for information regarding the unemployment waiting period in your location. The state unemployment department will determine your eligibility based on the information received from you and your former employer. The unemployment claim date, or "effective date," is the day on which you are eligible to start receiving benefits against your claim. This date is used to determine the number of weeks that you are eligible to receive benefits and the start date of your eligibility.

While receiving unemployment, you must be actively willing to work and actively looking for work. The definitions of actively willing to work and actively looking for work also vary by state. Mark your calendar with the day you need to file. Payment won't be made unless you file for benefits each week for which you're eligible. Depending on your state, unemployment benefits are paid via check, debit card , or direct deposit. Payments are made weekly or bi-weekly. If you live in one state and worked in another, or if you have moved, you should generally file your unemployment claim with the state where you worked.

If you worked in a state other than the one where you live or if you worked in multiple states, the state unemployment office where you now live can provide information about how to file your claim with other states. If your state happens to be among these, there's no need to panic. In many cases, it's a routine meeting designed to assist with your job search; not to put you or your job search under a microscope. Your meeting may be an individual meeting or a group meeting with other unemployed workers. It's important to remember to bring records of your work search if you are required to apply for a certain number of jobs each week.

The Internal Revenue Service counts unemployment insurance benefits as income , so your check is taxable. Depending on the state, state and federal income tax can be withheld from your check. Keep all paperwork in order and make sure that you file income taxes, even if you were unemployed for all or most of the year. Unemployment benefit scams typically involve websites offering to file for unemployment benefits for you. The sites provide a form for unemployed workers to fill out to supposedly collect unemployment compensation. In other cases, phone calls or email may be used to solicit personal information from unemployed workers. However, a third party cannot file for unemployment for you.

Make sure you're applying directly on your state's unemployment website the URL of the website will include. Still have questions about your application or benefits? Contact your state unemployment office. You may find the information you need on the website by accessing the frequently asked questions FAQ section or exercising a search option to look for answers to your questions. That failing, call the phone number listed to the website for assistance. The information contained in this article is not legal advice and is not a substitute for such advice. Department of Labor. Career Planning Job Loss. Part of. Common Question Topics.

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