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KIT days, pensions & SMP ... is my employer being a bit cheeky?

(1 Post)
hedsybeds Thu 27-Apr-17 08:31:46

I've got a question about how your employer pays you KIT days when in receipt of SMP.

I am currently receiving SMP from my employer. My pension is paid via a salary sacrifice scheme which my employer has to 'top up' while I am on SMP. Employers have to pay you the minimum SMP to which you are entitled, and if your pension contribution comes out of your salary and makes the SMP less than that amount then they have to put the additional into the wage.

In March I worked two KIT days in the same week. I was expecting to be paid for these but I received no benefit from working these days as my employer removed my SMP for that week (which they are entitled to do)
and used the remainder to contribute to my pension. So I received exactly the same amount of pay as I would not working a KIT day, despite arranging for childcare and working two KIT days. I've included the relevant text from the maternity policy below. I do not think this is clear at all. I was wondering if anyone had any luck questioning their employer on these terms and if it's worth the hassle of raising it?

I feel particularly strongly that in an organisation that is supposed to be supportive and has a focus on ensuring women return to work that this really puts people off from doing any KIT days when on maternity leave.

On KIT days:
You are able to work (including attending training or conferences) for up to 10 days during your maternity leave without bringing your maternity leave or SMP to an end. If you undertake such work during your maternity leave, you will receive a full day’s pay for each day worked. You are not obliged to undertake any such work during your maternity leave and you must not work in the 2 weeks immediately following the birth of your child.

This is the text on pensions 'During any paid period of maternity leave, the employer will continue to pay employer’s contributions to your pension scheme for as long as you continue to make contributions. The percentage paid will be based on what your earnings would have been if you had not been on maternity leave. The period during which you receive paid maternity leave also counts towards your pensionable service.'

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