Question re. enhanced mat pay & SMP

[starkers1]

Hi all, I've been in job for 3 years and intend to take 10-12 months off on mat leave.

Company enhanced pay is 3 months full pay, then this falls down to SMP.
For SMP I realise the first 6 weeks are 90% of your earnings, then this drops to the set weekly rate.

But after my enhanced pay ends, am I still entitled to the 6 weeks at 90% first or because I get 3 months enhanced pay, when this runs out do I then automatically drop to the £139 weekly rate?

Thanks.

[SweepTheHalls]

Straight onto the £139 unfortunately.

[Tangoandcreditcards]

Usually the 3 months enhanced pay includes the 6 weeks at 90% - you won't get it extra.

It should be laid out in your policy document. Can you ask HR?

[VintageDresses]

No, the 90% is part of what your company pays you in the first 6 weeks

[starkers1]

oh, worth a shot ... thanks ladies!

[Kaytee1987]

I depends on your policy I get 18 weeks full pay but that's inclusive of the 90% i would say most places do it this way but you never know. Do you have access to the maternity policy?

[Luckygirlcharlie]

Interesting replies as I'd say the opposite. I got 6 wks at 90% and then the company enhanced pay started. Read the policy though and if not clear speak to hr.

[librariesgaveusp0wer]

I am an ex employment lawyer and have never seen a policy where you get the 90% after the enhanced.

For a start, I am not sure how it could physically be operated as the 90% is automatically the first six weeks of leave. You can't move it to weeks 13-19 or whatever.

In Lucky girls example they effectively delayed starting the enhanced pay. It would also be my guess that the enhanced pay was less than 90%.

[Luckygirlcharlie]

Nope. We get 6 weeks at 90% and then Enhanced (full pay) for 20 wks (if you have more than 12 mths service) Just about to take the second one so am in no doubt! Every company is different.

[Luckygirlcharlie]

Ps I said it was the first 6 weeks

[LibrariesGaveUsP0wer]

LuckyGirl - in that case your company is incredibly unusual. I didn't say it was impossible (hence 'guess') but it is very, very unusual . I worked as an employment lawyer for more than a decade and reviewed or saw hundreds of maternity policies. I never saw one where the pay went up after the first 6 weeks. I saw plenty where the first X weeks was 100%, and plenty where the most generous pay was 90%, but never one where 100% pay kicked in from week 7 onwards.

I'm also not sure what the rationale would be for it on the employer side, but that's a rather technical discussion that doesn't have much relevance to the OP.

Sorry for sidetracking your thread OP. The fact remains that, if you are paid 100% of pay for X weeks then (as long as it's 6 or more) that will include your entitlement to 90% SMP.

The way SMP works is its 90% for the first six weeks. It has to be the first six weeks. It can't be any different weeks of the leave. If you get 100% in that period then the employer just topped it up by 10%. There is no way, at a technical level, you can claim the higher rate SMP after the enahcned pay has run out.

Lucky - I'm not sure about your PS. I'm a bit confused . I acknowledged that yours was the first six weeks. Hence the employer just delayed starting enchanced pay.

[Luckygirlcharlie]

Yep we are lucky I guess. American companies are very generous. Good luck OP.

[LibrariesGaveUsP0wer]

It depends on the US company really. The ones used to operating in Europe are generally fairly sanguine about enhancing pay. The ones who are used to operating just domestically are utterly horrified that they have to let you have a year off and generally boggled at the idea that they should voluntarily pay you generously to do so.