I've been so overwhelmed with my new life as a mum, trying out all the amusements that can be had with a baby, that there's been little time for my usual interests. A post at A Midwife Muse reminded me that I still need to blog an update on a letter I wrote to my MP about what to me appears to be indirect discrimination in the application of statutory maternity pay entitlements. In fact, this whole issue is very much connected to my frantic participation in all things baby, because frankly, I have little time left.

My maternity leave finishes on 22nd August, one day short of 5 months after giving birth. My due date was on 8th March, and while I gave birth 15 days later, I missed the magic deadline of 1st April. A due date on this date or later would have given me an entitlement of 9 months of maternity leave. As it is, I only got 6 months, one of them spent pregnant. I tried to work as long as possible, letting my leave start two weeks before my due date. And boy were those last two weeks at work hard. I was scared to take a sicky (although I was feeling very unwell indeed and was barely able to walk) in case it would make may maternity leave start early, because my unwellness was definitely linked to being very pregnant and having major water displays in various parts of my body.

Now, with my return to work only about 6 weeks away, I'm trying to fit in as much activity with cubling as I can. Baby yoga, baby signing, bounce and rhyme, baby swimming - it's about spending time with her, as well as doing things which she enjoys and which I find will benefit her. I'm devastated to miss out on the German Kinderclub which is on hold during the school holidays, as I feel that the German element has currently the short straw.

So, by changing jobs while I was pregnant, I lost out on the option to take a year off work and actually be there to see each milestone cubling reaches in this amazing first year. I also almost lost out on any pay entitlements, if it hadn't been for a very supportive employer. So in a way, I've still been kind of lucky - I may miss out on time with cubling, but at least financially, things are ok.

Bill McKenzie, in a letter to my MP explains that Statutory Maternity Pay is only paid to women who were employed in their current employment before they became pregnant because this simplifies the system and balances the interests of pregnant women and small businesses. He explains that employers have to meet some element of SMP. However, employers claim back 92% of SMP from the tax they pay to the state, and employers who are below a National Insurance threshold can even claim back 100%. This to me, reads as if almost all of SMP is effectively paid by the state and not a burden to the employer at all. Why then can SMP not be paid to any woman who was employed at the time she fell pregnant or before, regardless of potential job changes? SMP clearly is no major burden to any employer, least small employers. In my case, effectively, my (good) employer is burdened with contractual maternity pay due to me, while being unable to recover the SMP element from the state (because I'm not eligible for SMP). This way, good employers with good maternity policies are punished.

To summarise, this explanation does not answer my concerns. It rather makes them more poignant. I guess I have to write another letter...