Maternity policy

[LadyM2]

Hi there,

I'm new to this community :) I wondered whether anyone is able to help - my company maternity policy states that I have to have 1 years' service before I can claim enhanced maternity pay. Does that mean that I can't get pregnant until after the 1 year, or does it mean from when I go on maternity leave? Usually a date is specified but in this case it doesn't so I'm a bit confused! Don't want to ask HR as worried it will get back to my boss...

Many thanks!

[SweetPea3]

I think it would be one year's service before starting maternity leave. Is the wording you used in your post the exact wording in the policy?

I think there is a Legal section somewhere in Talk, so you could also try there as I'm sure there are lots of employment law experts floating around :)

[LadyM2]

Thank you SweetPea3 :) The exact wording is:

Enhanced Maternity Pay
The Firm reserves the right to operate flexibility regarding an Enhanced Maternity Pay (EMP) scheme. You are eligible to receive EMP if you have a minimum of one years service.
EMP includes SMP and is payable when you commence OML.
EMP is paid monthly direct into your bank account and normal deductions for tax and National Insurance will apply.

Ah, didn't know that, will try the legal section as well :)

[ToniWol]

It may be the service up to the 'qualifying week' for SMP, which is 15 weeks before the expected week of delivery. Does the policy say anything about the Statutory element apart from what you've posted?

[LadyM2]

Thanks ToniWol, the SMP section is pretty clear, it says:

Statutory Maternity Pay (SMP)
Statutory Maternity Pay (SMP) is payable for up to 39 weeks. You are entitled to SMP if:
● you have been continuously employed for at least 26 weeks at the end of your Qualifying Week
● your average weekly earnings during the eight weeks ending with the Qualifying Week are not less than the lower earnings limit set by the government
● you provide us with a doctors or midwifes certificate (MATB1 form)
SMP is paid monthly direct into your bank account and normal deductions for tax and National Insurance will apply.
SMP is payable from the start of the week in which you stop work and is calculated at 6 weeks at a higher rate (90% salary) and 33 weeks a lower rate which are detailed in the table below.

This does state the qualifying period which is "26 weeks at the end of your Qualifying Week", but the Enhanced pay doesn't provide the same qualification annoyingly

[LadyM2]

sorry i don't know why that came out like that!

[minipie]

Since it says "EMP is payable when you commence OML [ordinary maternity leave]" then I would interpret it as meaning you need to have been there a year by the time you go on maternity leave in order to qualify.

So you need to work for 3/4 months before TTC

[LadyM2]

Thanks minipie. I think so too. I've been here 8 months now plus don't know how long it will actually take to get pregnant so it should be ok. I think I need to stop worrying :)