Maternity leave question
25 October 2010, 05:12 PM
#1
Scooby Regular
Thread Starter
iTrader: (22)
Join Date: May 2006
Location: Doncaster, S. Yorks.
Posts: 21,415
Received 0 Likes
on
0 Posts
Maternity leave question
The Mrs is due to give birth on March 9th. Yes, the baby is mine 
We know she's allowed to go on maternity leave 11 weeks before she's due, so this falls around late December. My understanding is that she gives work 28 days notice of her intentions.
Now it gets a bit complicated. Our understanding is that she will get 26 weeks at 90% of her normal wage (only a factory job). She wants to take the additional 26 weeks where 60% of her wage or £126..something is paid upto a total of 52 weeks.
But she doesn't wish to return to her factory job after this. We are unsure of how or when to tell her employers this as we have heard several things. For example if she tells them before taking maternity leave she may not get the 90% entitlement for the forst 26 weeks. Or that if she gives her notice near the end of the 52 weeks, her employers have the right to take so much maternity pay back. She's worked for them for over 4 years as a full time employee so this isn't an issue. How should we go about it so that she gets the maximum entitlement (i.e 90% for 26 weeks then 60% for 26 weeks) without falling foul of her bosses or doing things the wrong way. The direct.gov site gives very little insight to handing notice in. As some (maybe not all) will understand we would like as much off her employers maternity pay wise without fiddling or cheating any systems. Her midwife doesn't know and I've asked on here before we ask the CAB or her Union rep (who lives miles away).
I'm not interested in "sponging this, sponging that, you deserve bugger all 'cos your poor" type responses, thankyou. We're looking to do it by the book but without stuffing her entitlements up so she receives less.
Thanks in advance.
We know she's allowed to go on maternity leave 11 weeks before she's due, so this falls around late December. My understanding is that she gives work 28 days notice of her intentions.
Now it gets a bit complicated. Our understanding is that she will get 26 weeks at 90% of her normal wage (only a factory job). She wants to take the additional 26 weeks where 60% of her wage or £126..something is paid upto a total of 52 weeks.
But she doesn't wish to return to her factory job after this. We are unsure of how or when to tell her employers this as we have heard several things. For example if she tells them before taking maternity leave she may not get the 90% entitlement for the forst 26 weeks. Or that if she gives her notice near the end of the 52 weeks, her employers have the right to take so much maternity pay back. She's worked for them for over 4 years as a full time employee so this isn't an issue. How should we go about it so that she gets the maximum entitlement (i.e 90% for 26 weeks then 60% for 26 weeks) without falling foul of her bosses or doing things the wrong way. The direct.gov site gives very little insight to handing notice in. As some (maybe not all) will understand we would like as much off her employers maternity pay wise without fiddling or cheating any systems. Her midwife doesn't know and I've asked on here before we ask the CAB or her Union rep (who lives miles away).
I'm not interested in "sponging this, sponging that, you deserve bugger all 'cos your poor" type responses, thankyou. We're looking to do it by the book but without stuffing her entitlements up so she receives less.
Thanks in advance.
25 October 2010, 05:19 PM
#3
Scooby Regular
Well she is entitled to ALL statuatory maternity leave and any holiday that she would get during that leave. Even if she quits she gets that.
It's the law! Lol.
Also you can start maternity leave at 28 weeks if needed.
If you want amendements to a job description it's best to discuss this with an employer asap. Put it in writing and get them to have a meeting about it and both sign the letter.
This way it's been documented that it had been discussed and legally an employer is obliged to consider a more suitable position or working hours.
It's the law! Lol.
Also you can start maternity leave at 28 weeks if needed.
If you want amendements to a job description it's best to discuss this with an employer asap. Put it in writing and get them to have a meeting about it and both sign the letter.
This way it's been documented that it had been discussed and legally an employer is obliged to consider a more suitable position or working hours.
25 October 2010, 05:19 PM
#4
Scooby Regular
Well she is entitled to ALL statuatory maternity leave and any holiday that she would get during that leave. Even if she quits she gets that.
It's the law! Lol.
Also you can start maternity leave at 28 weeks if needed.
If you want amendements to a job description it's best to discuss this with an employer asap. Put it in writing and get them to have a meeting about it and both sign the letter.
This way it's been documented that it had been discussed and legally an employer is obliged to consider a more suitable position or working hours.
It's the law! Lol.
Also you can start maternity leave at 28 weeks if needed.
If you want amendements to a job description it's best to discuss this with an employer asap. Put it in writing and get them to have a meeting about it and both sign the letter.
This way it's been documented that it had been discussed and legally an employer is obliged to consider a more suitable position or working hours.
25 October 2010, 05:20 PM
#5
Scooby Regular
Thread Starter
iTrader: (22)
Join Date: May 2006
Location: Doncaster, S. Yorks.
Posts: 21,415
Received 0 Likes
on
0 Posts
Cheers
25 October 2010, 05:23 PM
#7
SN Fairy Godmother
Join Date: Nov 2003
Location: Far Far Away
Posts: 35,246
Likes: 0
Received 0 Likes
on
0 Posts
Hi Andy
My understanding is, she would get 90% of her wage or SMP, which ever is the lessor amount, for the first 26 weeks.
If she is on SMP, she can give in her notice any time she likes as long as she gives the correct amount of notice. The employer cannot take back any of the SMP, but they can stop paying when she leaves. She would then get the rest from the state.
If the company choses to pay her 90% wages and this is more than SMP, (I doubt they will do this, most companies don't) they can ask for some of it back.
All the best
My understanding is, she would get 90% of her wage or SMP, which ever is the lessor amount, for the first 26 weeks.
If she is on SMP, she can give in her notice any time she likes as long as she gives the correct amount of notice. The employer cannot take back any of the SMP, but they can stop paying when she leaves. She would then get the rest from the state.
If the company choses to pay her 90% wages and this is more than SMP, (I doubt they will do this, most companies don't) they can ask for some of it back.
All the best
Trending Topics
25 October 2010, 05:23 PM
#9
ScoobyWorx
iTrader: (5)
Join Date: Oct 2010
Location: Barnsley SY
Posts: 768
Likes: 0
Received 0 Likes
on
0 Posts
Simple you tell them now im sure they will screw you, go along with it that she will be returning to work at the end of mat leave then at the last minute she has got another job on more pay sorry to leave hand notice in. unlucky old employer. Been honest with your employer should count for a lot but in this kind of case then if you have no intention of returning they wouldnt pay you as im pretty sure that the way it works
Last edited by JAutos; 25 October 2010 at 05:25 PM.
25 October 2010, 05:24 PM
#10
Scooby Regular
Thread Starter
iTrader: (22)
Join Date: May 2006
Location: Doncaster, S. Yorks.
Posts: 21,415
Received 0 Likes
on
0 Posts
Well she is entitled to ALL statuatory maternity leave and any holiday that she would get during that leave. Even if she quits she gets that.
It's the law! Lol.
Also you can start maternity leave at 28 weeks if needed.
If you want amendements to a job description it's best to discuss this with an employer asap. Put it in writing and get them to have a meeting about it and both sign the letter.
This way it's been documented that it had been discussed and legally an employer is obliged to consider a more suitable position or working hours.
It's the law! Lol.
Also you can start maternity leave at 28 weeks if needed.
If you want amendements to a job description it's best to discuss this with an employer asap. Put it in writing and get them to have a meeting about it and both sign the letter.
This way it's been documented that it had been discussed and legally an employer is obliged to consider a more suitable position or working hours.
Thanks Kathryn. In fairness it is a crappy min wage job in a crappy cold bacon factory. She has done well to stay there that long
So she doesn't to return after her maternity leave. As I tried (badly lol) to explain we don't know when to tell them she ain't comin'g back. If she told them when she started her leave would they clam up and only pay 60% or £126 a week, or do we wait and let her get 90% (approx £170-175) a week for 26 weeks, then £126 afterwards.. Can you see where the confusion arises as she daren't ask work or explain her intentions. 
25 October 2010, 05:27 PM
#11
Scooby Regular
Thread Starter
iTrader: (22)
Join Date: May 2006
Location: Doncaster, S. Yorks.
Posts: 21,415
Received 0 Likes
on
0 Posts
Hi Andy
My understanding is, she would get 90% of her wage or SMP, which ever is the lessor amount, for the first 26 weeks.
If she is on SMP, she can give in her notice any time she likes as long as she gives the correct amount of notice. The employer cannot take back any of the SMP, but they can stop paying when she leaves. She would then get the rest from the state.
If the company choses to pay her 90% wages and this is more than SMP, (I doubt they will do this, most companies don't) they can ask for some of it back.
All the best
My understanding is, she would get 90% of her wage or SMP, which ever is the lessor amount, for the first 26 weeks.
If she is on SMP, she can give in her notice any time she likes as long as she gives the correct amount of notice. The employer cannot take back any of the SMP, but they can stop paying when she leaves. She would then get the rest from the state.
If the company choses to pay her 90% wages and this is more than SMP, (I doubt they will do this, most companies don't) they can ask for some of it back.
All the best
25 October 2010, 05:29 PM
#12
Scooby Regular
Join Date: Jan 2006
Posts: 897
Likes: 0
Received 0 Likes
on
0 Posts
Personally I'd be very suprised if she got paid for an entire year.
When my wife was off it was something like:
8 Weeks Full
18 Weeks % + Statutory
13 Weeks Stat Only
13 Weeks Nothing
AFAIK, they can demand any pay they have given you back (Outside of Stat Pay) if you do not return.
Check your T&C, Wife's were after you'd been back 3 months you could then leave without having to pay any back.
When my wife was off it was something like:
8 Weeks Full
18 Weeks % + Statutory
13 Weeks Stat Only
13 Weeks Nothing
AFAIK, they can demand any pay they have given you back (Outside of Stat Pay) if you do not return.
Check your T&C, Wife's were after you'd been back 3 months you could then leave without having to pay any back.
25 October 2010, 05:36 PM
#13
Scooby Regular
Thread Starter
iTrader: (22)
Join Date: May 2006
Location: Doncaster, S. Yorks.
Posts: 21,415
Received 0 Likes
on
0 Posts
Personally I'd be very suprised if she got paid for an entire year.
When my wife was off it was something like:
8 Weeks Full
18 Weeks % + Statutory
13 Weeks Stat Only
13 Weeks Nothing
AFAIK, they can demand any pay they have given you back (Outside of Stat Pay) if you do not return.
Check your T&C, Wife's were after you'd been back 3 months you could then leave without having to pay any back.
When my wife was off it was something like:
8 Weeks Full
18 Weeks % + Statutory
13 Weeks Stat Only
13 Weeks Nothing
AFAIK, they can demand any pay they have given you back (Outside of Stat Pay) if you do not return.
Check your T&C, Wife's were after you'd been back 3 months you could then leave without having to pay any back.
I found this...
Entitlement to Statutory Maternity Leave
As an employee you have the right to 26 weeks of Ordinary Maternity Leave and 26 weeks of Additional Maternity Leave making one year in total. The combined 52 weeks is known as Statutory Maternity Leave.
To qualify for Statutory Maternity Leave you must be an employee. If you are an employee and you give your employer the correct notice, you can take Statutory Maternity Leave no matter:
- how long you have been with your employer
- how many hours you work
- how much you are paid
From here... http://www.direct.gov.uk/en/Parents/...ts/DG_10039631
That's where I'm basing my information from
25 October 2010, 05:38 PM
#14
Scooby Regular
Personally I'd be very suprised if she got paid for an entire year.
When my wife was off it was something like:
8 Weeks Full
18 Weeks % + Statutory
13 Weeks Stat Only
13 Weeks Nothing
AFAIK, they can demand any pay they have given you back (Outside of Stat Pay) if you do not return.
Check your T&C, Wife's were after you'd been back 3 months you could then leave without having to pay any back.
When my wife was off it was something like:
8 Weeks Full
18 Weeks % + Statutory
13 Weeks Stat Only
13 Weeks Nothing
AFAIK, they can demand any pay they have given you back (Outside of Stat Pay) if you do not return.
Check your T&C, Wife's were after you'd been back 3 months you could then leave without having to pay any back.
25 October 2010, 06:11 PM
#15
Scooby Regular
All I know is that I got 6 week full pay, then 9 months smp then 3 months unpaid.
Unless she has a seperate maternity contract the only the smp will apply to her.
I took the full 12 monthsa, told them after 6 I wasn't coming back. Only problem was they refused to pay me my holiday pay fir the year jan to July when I was owed it. After 3 letters I tmsent a third telling them if they didn't pay me they would be taken to a small claims court. A week later I had a cheque for £355.
If she isn't going back, and you are 100% then just stay quiet, but it's an emoplyees legal requirement that they keep in contact with their employer, and the boss will ask this question, but she doesn't have to tell them.
Unless she has a seperate maternity contract the only the smp will apply to her.
I took the full 12 monthsa, told them after 6 I wasn't coming back. Only problem was they refused to pay me my holiday pay fir the year jan to July when I was owed it. After 3 letters I tmsent a third telling them if they didn't pay me they would be taken to a small claims court. A week later I had a cheque for £355.
If she isn't going back, and you are 100% then just stay quiet, but it's an emoplyees legal requirement that they keep in contact with their employer, and the boss will ask this question, but she doesn't have to tell them.
25 October 2010, 08:35 PM
#19
Scooby Regular
iTrader: (9)
Join Date: Feb 2010
Location: cambridge
Posts: 1,319
Likes: 0
Received 0 Likes
on
0 Posts
by law your mrs dont have to tell them if she wants to go back until after 52 weeks until then they have to keep her job ect just asked the wife she is on mat leave now
25 October 2010, 08:39 PM
#20
Scooby Regular
If your not 100% about what bits apply, then call or visit your local citizens advice bureau. They helped me loads with regards to my holiday pay situation.
She will get the minimum that all female employees are entitled to. I know there is a minimum amount of time you have to have been employed before getting pregnant to be entitled to smp, I can't remember how long though, but if you don't qualify you get maternity allowance.
25 October 2010, 08:56 PM
#21
Scooby Regular
Thread Starter
iTrader: (22)
Join Date: May 2006
Location: Doncaster, S. Yorks.
Posts: 21,415
Received 0 Likes
on
0 Posts
The best advice and most up to date is the gov website. It's all there.
If your not 100% about what bits apply, then call or visit your local citizens advice bureau. They helped me loads with regards to my holiday pay situation.
She will get the minimum that all female employees are entitled to. I know there is a minimum amount of time you have to have been employed before getting pregnant to be entitled to smp, I can't remember how long though, but if you don't qualify you get maternity allowance.
If your not 100% about what bits apply, then call or visit your local citizens advice bureau. They helped me loads with regards to my holiday pay situation.
She will get the minimum that all female employees are entitled to. I know there is a minimum amount of time you have to have been employed before getting pregnant to be entitled to smp, I can't remember how long though, but if you don't qualify you get maternity allowance.
Just to add confusion I've found this...
http://www.direct.gov.uk/en/MoneyTax...dren/DG_175917
So she may get the 6 weeks 90% and then 33 weeks @ £124. So hopefully by the time the 39 weeks (not 52 as I thought - duh!) is up, she should be entitled to resign without issue then? And get accrued holiday ££ back too.
25 October 2010, 09:18 PM
#22
Scooby Regular
Just to add confusion I've found this...
http://www.direct.gov.uk/en/MoneyTax...dren/DG_175917
So she may get the 6 weeks 90% and then 33 weeks @ £124. So hopefully by the time the 39 weeks (not 52 as I thought - duh!) is up, she should be entitled to resign without issue then? And get accrued holiday ££ back too.
26 October 2010, 09:15 AM
#23
Scooby Regular
Join Date: Jan 2006
Posts: 897
Likes: 0
Received 0 Likes
on
0 Posts
Personally I'd be very suprised if she got paid for an entire year.
When my wife was off it was something like:
8 Weeks Full
18 Weeks % + Statutory
13 Weeks Stat Only
13 Weeks Nothing
AFAIK, they can demand any pay they have given you back (Outside of Stat Pay) if you do not return.
Check your T&C, Wife's were after you'd been back 3 months you could then leave without having to pay any back.
When my wife was off it was something like:
8 Weeks Full
18 Weeks % + Statutory
13 Weeks Stat Only
13 Weeks Nothing
AFAIK, they can demand any pay they have given you back (Outside of Stat Pay) if you do not return.
Check your T&C, Wife's were after you'd been back 3 months you could then leave without having to pay any back.
39 weeks with some sort of pay (Work or SMP) matches what my wife got
Check with her employer, they may add to the SMP.
26 October 2010, 05:13 PM
#25
Scooby Regular
Thread Starter
iTrader: (22)
Join Date: May 2006
Location: Doncaster, S. Yorks.
Posts: 21,415
Received 0 Likes
on
0 Posts
26 October 2010, 05:31 PM
#26
Scooby Regular
Join Date: Jan 2006
Posts: 897
Likes: 0
Received 0 Likes
on
0 Posts
Well today she managed to get a copy of the full works manual. It says she will get 6 weeks 90% pay and the other 33 weeks will be £124. It says though that if she wishes to resign whilst on maternity leave she just has to time it in accordance with her finishing her leave which is fine. It says NOTHING about her having to pay anything back, even in the small print, so we'll hold them to that
26 October 2010, 05:40 PM
#27
SN Fairy Godmother
Join Date: Nov 2003
Location: Far Far Away
Posts: 35,246
Likes: 0
Received 0 Likes
on
0 Posts
Well today she managed to get a copy of the full works manual. It says she will get 6 weeks 90% pay and the other 33 weeks will be £124. It says though that if she wishes to resign whilst on maternity leave she just has to time it in accordance with her finishing her leave which is fine. It says NOTHING about her having to pay anything back, even in the small print, so we'll hold them to that
Don't forget, she will still acrue holiday entitlement whilst she is on maternity leave, too
( I nearly typed naternity leave
appropriate )
26 October 2010, 06:10 PM
#29
SN Fairy Godmother
Join Date: Nov 2003
Location: Far Far Away
Posts: 35,246
Likes: 0
Received 0 Likes
on
0 Posts
Congrats, Paul
You lads do know you are entitled to two weeks Paternity pay, yes
Might be more now, I would have to check. Or look on the HMRC website for details
You lads do know you are entitled to two weeks Paternity pay, yes
Might be more now, I would have to check. Or look on the HMRC website for details