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Employee going on Maternity Leave

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ENTREPRENEUR1983
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Posts: 33
Joined: Tue Apr 04, 2017 10:40 pm

Employee going on Maternity Leave

Post by ENTREPRENEUR1983 » Tue Sep 25, 2018 8:58 pm

Hello Everyone,

I have already been granted the extension last year, I have couple of questions

1) One of my employee going on Maternity Leave (am I able to claim her hours while she's on Maternity leave)
2)I have extension granted in Oct.17. Do I need to have employee for continue 12 months to claim for their hours or it should remain as pre-April rules (which I qualify while my extension application).

Will appreciate your feedback. Thank you

Regards

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marcnath
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Posts: 6493
Joined: Tue Jul 03, 2012 3:27 pm
Location: Milton Keynes
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Re: Employee going on Maternity Leave

Post by marcnath » Tue Sep 25, 2018 10:33 pm

ENTREPRENEUR1983 wrote:
Tue Sep 25, 2018 8:58 pm
Hello Everyone,

I have already been granted the extension last year, I have couple of questions

1) One of my employee going on Maternity Leave (am I able to claim her hours while she's on Maternity leave)
2)I have extension granted in Oct.17. Do I need to have employee for continue 12 months to claim for their hours or it should remain as pre-April rules (which I qualify while my extension application).

Will appreciate your feedback. Thank you

Regards
1) Yes, you can. There has been a case in this forum where the extension was initially rejected but approved on AR.
2) The transitional arrangement is only valid for ILR applications made before 9 April 2019. If you are applying after that, you need TWO jobs of 12 months EACH (need not be continuous)
My comments are in no way meant to be advisory. I have no professional knowledge of immigration. These are based on my own experience, convictions and personal interpretation of publicly available information.

ENTREPRENEUR1983
Newbie
Posts: 33
Joined: Tue Apr 04, 2017 10:40 pm

Re: Employee going on Maternity Leave

Post by ENTREPRENEUR1983 » Wed Sep 26, 2018 8:55 pm

Thank you Marcnath for your input.

I have 2 employee with different job title. Am I able to add hours e.g.

1) Employee A = 14 months and employee B = 10 months to qualify.
2) Employee A = 12 months and employee B = 12 months (10 months working/2 months Maternity leave)

Employee B wants to leave as she want to apply Maternity Allowance rather going through my company SMP but if she resign now she can't fulfill the 15 weeks time to qualify for Maternity Allowance. She is asking for company to give her SMP1 form. Is there any problem to give her a form or the case will come back to company as she does not fulfill the 15 weeks deadline before the expected birth date.

Will appreciate you feedback. Thank you

User avatar
marcnath
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Posts: 6493
Joined: Tue Jul 03, 2012 3:27 pm
Location: Milton Keynes
United Kingdom

Re: Employee going on Maternity Leave

Post by marcnath » Wed Sep 26, 2018 9:02 pm

ENTREPRENEUR1983 wrote:
Wed Sep 26, 2018 8:55 pm
Thank you Marcnath for your input.

I have 2 employee with different job title. Am I able to add hours e.g.

1) Employee A = 14 months and employee B = 10 months to qualify.
2) Employee A = 12 months and employee B = 12 months (10 months working/2 months Maternity leave)

Employee B wants to leave as she want to apply Maternity Allowance rather going through my company SMP but if she resign now she can't fulfill the 15 weeks time to qualify for Maternity Allowance. She is asking for company to give her SMP1 form. Is there any problem to give her a form or the case will come back to company as she does not fulfill the 15 weeks deadline before the expected birth date.

Will appreciate you feedback. Thank you
You need two JOBS of 12 months each, so it is not just a matter of randomly adding employee months. Job title should not matter by itself.

So, it depends on how the employees fill those two jobs. And then being able to argue how they fill it.

I am not familiar with the SMP rules but I can't see what the immigration issue here is
My comments are in no way meant to be advisory. I have no professional knowledge of immigration. These are based on my own experience, convictions and personal interpretation of publicly available information.

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