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. :)

Tell them as little as poss and as late as poss.

She may yet change her mind.

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.

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.

Thanks for that Cookie. This was what we were thinking to do. Leave it till about 4 weeks before the 52 weeks maternity is up and then send a letter of resignation. BUT... we're worried that her employers may get in a huff, claim she's done wrong and request money back from us (she has no special plan - just what the government pay and what her employers have to pay by law, ie. minimum).

Cheers :)

Keep your (her) options open, if she wants to leave let them know only when you have to... not long now fella! :)

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 :)

......

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

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 :lol1: 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. :eek:

Yeah this is our understanding. Her weekely take home is only about £195 and the government thing is £126 We think. so 90% of £195 is over the threshold. This si where the confusion lies as Nat would like a full 52 weeks off. So by telling them afterwards would they have right to request the difference between the Government amount and 90%?? :wonder: :lol1:

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.

May I ask how long ago this was and did she have a specific company policy in place - i.e. different to the governments min. entitlement?

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 :)

My wife is the same

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.

Keep schtum! If they ask - Your Mrs fully intends to come back - nod nod wink wink

I don't see what people are worried about....?

Basically because we've been told different stories by different people. :freak3:

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

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.

:lol1:
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.

Nothing is bloody simple is it?!

She's a Nurse and she returns to work tomorrow :D

39 weeks with some sort of pay (Work or SMP) matches what my wife got :thumb:
Check with her employer, they may add to the SMP.

When you think about it, at that sort of rate women could become too expensive to employ, followed eventually by married men!

Les

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 :D

By the sound of it she'll only be getting SMP which you shouldn't have to pay back AFAIK :thumb:

Brilliant news, bet that's a weight off your minds :)

Don't forget, she will still acrue holiday entitlement whilst she is on maternity leave, too :thumb:

( I nearly typed naternity leave :D appropriate )

Glad I saw this post. Just found out my wife's 4 weeks pregnant :)

I also heard its 6 weeks at 90% then 33 weeks at £124

Congrats, Paul :)

You lads do know you are entitled to two weeks Paternity pay, yes :wonder:
Might be more now, I would have to check. Or look on the HMRC website for details :)

Thanks Lee :)

Yes I did check that too but is a lot less then I get paid so will have to take holiday pay instead