Negotiating maternity pay

[allduffedup]

I am currently on a fixed term contract with my employer. I am technically an employee and have a contract with them, but my position is sponsored by a 3rd party. So basically the pot of money my employer uses to pay my salary, pension, NI etc, all comes from the 3rd party.

My employer has a maternity policy which states that pregnant women who have been with the company for at least 12 months are entitled to enhanced maternity pay, which is quite generous.

However, although I have been there for more than 12 months, I doubt they are going to pay me the enhanced package as the third party will only reimburse for statutory maternity pay.

Obviously I want to try and negotiate as it would make a huge difference financially. Also, prior to my current FTC, I was on another FTC with the same employer, where no third party was involved. If I was in that situation now, I would definitely qualify for the enhanced package.

It just seems a little unfair that other pregnant women at the company are getting a better deal than me, when we are all otherwise under the same terms of employment, its just that my position is funded differently. But I'm rubbish at negotiating - any tips?

[GlaikitFizzog]

Who is your contract with? Their policies are what matters here.

The pot will pay for your backfill. Mat pay will come from another pot.

I don't think you will need to negotiate.

[rallytog1]

I don't think you need to negotiate either. Your entitlement as an employee shouldn't depend on who is funding your post, unless you have a direct contract with the funder and not with your employer (e.g. if you are on secondment from that funder, but from what you've said, it doesn't sound like you are).

I was in a similar position recently - I work for an organisation but my role is funded by a government department. I got the enhanced maternity pay from my employer, as any qualifying employee in my organisation would, regardless of where the funding for their post comes from. No negotiation needed.

[flowery]

Yes, how your post is funded is completely irrelevant. Check the maternity policy and see if you meet their criteria. If you do, you do.

[allduffedup]

My contract is with my employer. The third party just funds my position.

I figured they may not pay me the enhanced package as it would be money out of their own pocket, and its not written in my contract that I have access to enhanced maternity pay. It is just a company policy, and I guess that doesn't mean that I am legally entitled to it. But I really really hope you're all right!

[flowery]

If the policy makes clear that it is discretionary and they genuinely don't give it to anyone, that might be different. But assuming like most maternity policies it sets out what maternity pay is and what conditions must be met for the employee to be entitled to it, then if you meet the conditions you should get it same as everyone else.

This kind of eventuality ought to have been part of the discussions about funding and contracts at the beginning, between your employer and the funder.

[GlaikitFizzog]

Your contract will be made up of all the policies that are active within yr company. My contract is basic, but says there ate other polices that make up my T&Cs. There won't be anything in your contract detailing the sickness policy or the email policy, but you will be subject to them.

[Kemmo]

I was in exactly your position and got the enhanced package without any discussion.
All parties just assumed this to be the case - as I was their employee I was entitled to their standard enhanced package.

[UnexpectedItemInShaggingArea]

I was in exactly this position as well. I got the enhanced maternity package. You shouldn't have to negotiate anything.