Maternity leave in 2 weeks work being a pain!

[Hannabee123]

Hi everyone

Due to go on maternity leave in 2 weeks. My employers were supposed to write to me to confirm my leave and pay etc.
Well here I am with no knowledge of what's going on. Tried speaking to someone in the office and they said I might not be getting 90% of my wage for the 1st 6 weeks and they are going to pay flat rate!!??
I worked my arse off to make sure those first 6 weeks wages were decent when I went on leave.

I've tried chasing this letter I was promised but I'm getting nowhere. Quite frankly I am that stressed I feel like just going off sick until my leave starts. I don't know if contacting my work union will do anything.

I've chased again today and been ignored it's making me feel sick not knowing and not knowing my pay or what they are doing. Can anyone help
Should they be paying me the first 6 weeks at 90% of my wage. I've been working there full time for over a year I'm entitled and everything.

Getting really worked up!!

[pastabest]

Pretty sure the 6 weeks at 90% is statutory rather than optional!?

[Hannabee123]

Also states in the contract / staff handbook I should receive a letter confirming pay and leave dates and so on 28 days after I write to them and hand in my proof of maternity.

I handed in my Matb1 certificate and my letter with my leave date and info when I was 20 weeks pregnant so that's over 13 weeks ago!!! Still no jeffing letter

[GinIsIn]

6 weeks at 90% IS the flat rate

[pitterpatterrain]

90% is stat, calculated based on your wage around week 25 if I recall

[makemyminduptime]

Yeah, 90% for 6 weeks is the statutory rate, they can't pay you less than this.

[JoJoSM2]

They sound like a nightmare.

Make sure you write a formal letter. That will give you a good legal standpoint in case they carry on being difficult. If you're a member of a union, it might an idea to contact them to hopefully alleviate your stress levels about the situation.

As long as you're eligible for SMP, the first 6 weeks in paid at 90%. That's the legal requirement so the employer can't pick and choose.
www.gov.uk/employers-maternity-pay-leave

Good luck!

[Hannabee123]

The lady I spoke to in the office said I might not getting the 90% and to wait for this letter. I feel sick this letters not coming and no one seems to give a flying

They pay this HR company to do all their business for them as they are a very small family run company and no HR of any kind is sorted from them. I've asked for this company a number but not getting anything back

[JoJoSM2]

Just saw your other message. If they're so useless, speak to the union or CAB or somewhere. They can't just be so unprofessional about it.

[Hannabee123]

Yeah I have a union i can contact and that's what I thought so I have no clue why they want to rip me off and take money off me when they aren't allowed

[makemyminduptime]

Yeah I agree to put everything in a letter and keep a copy in case of any problems. Confirm when you have them information on your pregnancy and mat leave, and state that you haven't received any communication from them as they are required to do within a certain period of times. I would also state that you realise you are entitled to at least SMP and outline for them what this is!

[Hannabee123]

Quite frankly I think I'm going to call the union when I can. I've not been paid for antenatal classes I've not had any midwife appointments paid I've had to argue for my risk assessment and hours to be cut as they expected me to do 15 hour days / 50+ hours a week when I'm anemic / suffered tiredness.
This is just the final thing now to top it all off. I feel so helpless they are a bunch of idiots with no compassion.
Now they want to mess with my money and not bother communicating anything to me

[reetgood]

You should notify your employer 15 weeks before you intend to take maternity leave. They then have to confirm your start and end dates in writing within 28 days of your notification. They haven’t done this so I’m not sure what to do re that.

To claim smp you must give at least 28 days notice, in writing if that’s what they ask for, and proof. Which you’ve done. If they’re not going to pay smp they have to respond in 7 days of making decision and give you a form. Which they haven’t.

The thing I’m not sure about is how to enforce your employer paying what, by the sounds of it, you are entitled to. You need to have a contract of employment and have been employed for 26 weeks by the time you are 15 weeks from your due date.

I know all this because I’m currently sorting out my own smp and leave, but I also employ myself.... confusing.

Try maternity action or cab? Or your union.

[Hannabee123]

Yeah I'm afraid I'm going to have to :( it's sad women get so much hassle from employers not just me.

Thank you everyone for your advice

[Bumdishcloths]

If you’ve not worked there Ling enough you may only be entitled to maternity allowance - which doesn’t cover the 90% that smp does...

[Sassy306]

Hope you get it sorted. Just wanted to say that if you go on the sick within 4 weeks of your due date your employers have the right to start your maternity pay from the 1st day of your illness so be careful with that one. Good luck.

[JoJoSM2]

What they are doing is illegal. You’ll entitled to paid time off for antenatal appointments. So it isn’t about compassion it’s about doing what is legal. Seek advice ASAP. Frankly, they should get taken to the employment tribunal.

[CL1982]

I'm so sorry-that is so stressful! Do we have any mumsnet lawyers on here who could help maybe?

I'd absolutely take it up wth your union. How long have you worked there for?

[confusedandemployed]

Provided you've been there long enough, to pay you less than 90% of your qualifying earnings for that 6 weeks is illegal.

If they are saying you may not get it, they would need to be reasonably sure that you don't qualify for it - but in that case should be pointing you in the right direction to apply for Maternity Allowance.

[Hannabee123]

I've been there over a year I definitely qualify for it

[Rachy334]

Your first 6 weeks is calculated at 90% of the average weekly earnings taken over the previous 8 weeks before maternity leave commenced. This is the statutory payment and they have to pay it, they cannot withhold this as long as you have met the criteria beforehand. You really need to fight it if they say they won’t x

[makemyminduptime]

Your employer claims most of your SMP back from the government so if they're not passing it all on to you then they're holding on to your money!!