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Childcare voucher payment during additional maternity leave?

(9 Posts)
Albaalba Thu 13-Feb-14 22:52:14

Hi
I'm just coming to the end of Ordinary ML (which was paid at 100% my usual salary) and am now about to enter Additional ML (not paid, so just SMP). HR have been in contact re: stopping the vouchers (salary sacrifice, not an additional benefit). I did a quick google and there seems to be confusion over the scheme. Many people seem to be saying that in some cases the employer has to continue to pay the vouchers, ON TOP of SMP. (Apparently it went to the European courts.) I hadn't expected to get anything, so was quite surprised, and I'm the first person in this situation at work.

Please could anyone tell me whether I should be paid the vouchers, on top of SMP, during Additional Maternity Leave? I'd be quite surprised if that's the case. I haven't found the legal advice for this specific situation.
Thanks

riksti Fri 14-Feb-14 06:42:29

www.hmrc.gov.uk/employers/sml-salary-sacrifice.pdf

I've just given this to my employer (they didn't really argue, though, just didn't know about it so I have no advice on how to handle it if they get argumentative). The document is written for employers so some of it may be a bit technical if you're not used to reading HMRC publications but if you look at the 'occasional misunderstandings' section then I think your situation was discussed there.

bringonyourwreckingball Fri 14-Feb-14 07:02:52

Yes, you absolutely should get the vouchers on top of SMP.

10thingsihateaboutpoo Fri 14-Feb-14 13:29:10

Yes, you get vouchers on top of smp they cannot deduct them from smp. Also if you takd the full year ml they still have to pay them for the 3 months unpaid. Don't agree to stop them!

Albaalba Fri 14-Feb-14 14:33:39

Super thanks! Found this link too, which explains it in a simpler way:
http://www.payingforchildcare.org.uk/data/files/Childcare_during_maternity_leave.pdf

This is brilliant news :-)

llamallama Fri 14-Feb-14 15:44:44

It's good isn't it!

I'm down to stay pay now and still getting mine!

sofia31 Mon 17-Feb-14 06:55:58

Do you know if you would have to pay this back if you ended up not returning to work?

KayleeFrye Mon 17-Feb-14 07:21:18

sofia no this doesn't have to be paid back if you don't return to work.

No-one should feel there is anything wrong with this: the amount of National Insurance that employers save every month from offering the childcare vouchers to their employees is way way more than the amount they have to pay out during maternity leave from time to time. They are still quids in and benefitting financially from the scheme overall.

The law says that during ML you continue to enjoy all the benefits you have during ordinary employment, with the sole exception of salary (so you get to keep your work mobile, car, health insurance etc) and childcare vouchers come into the same category. If you don't return then you enjoy the benefits up till the point your ML officially ends, but do not have to repay anything.

sofia31 Tue 18-Feb-14 01:32:30

Thanks Kaylee thats good to know

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