Calculation of SMP

[TheDuchessofBoxford]

Just looking for some advice as am in an unusual situation with regards to maternity leave.

My employer so not offer anything in addition to the government guidelines for maternity pay: 6 weeks at 90% followed by SMP.

The employment policy reads that the 90% is based on average earnings up until the point of 14 weeks before due date. I'm not sure if this is employment policy or in line with government policy?

I was promoted at 28 weeks and had a big pay rise. However, if the internal policy is followed my 90% will be based on my old salary rather than the new one. Is this at the employer discretion or are they complying with an external policy?

Any advice or answers appreciated

[Lonecatwithkitten]

This link shows that your work are using the correct week ( the 15th before the baby arrives) to calculate your SMP. So it will be based on your old pay.

[flowery]

No, if you have a payrise subsequently, your SMP needs to be based on your new pay, despite the usual calculation period.

<a class="break-all" href="http://webarchive.nationalarchives.gov.uk/+/www.hmrc.gov.uk/employers/alabaster.htm" rel="nofollow noindex" target="_blank">Alabaster Ruling

SMP technical guidance see 3.4

It's possible your employer don't realise this though. See what calculation they come back with and if they use your old pay, send them my second link. Their payroll provider should be aware of it though, or in-house payroll team.

[TheDuchessofBoxford]

Thank you for the replies! The link will come in very handy I'm sure