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Original poster

Would my employer make a ML exception?

29 replies

Needadoughnut · 04/03/2019 11:25

We planned this baby so no suprise there's,but it had taken us so long that we didn't think we'd get lucky this month! I started my new job 18 days shy of the qualifying period for ML.... Do you think they'd be nice to make an exception? It's only 12 weeks so not a massive loss either way.

OP posts:

Nautiloid · 04/03/2019 11:41

You may be better off posting in Employment Issues.

My understanding - and I'm not 100% - is that for SMP the dates are rigid.

If your company offers any additional maternity pay, that will vary, but my expectation is that most businesses won't pay if they don't need to, especially for a new employee.

As far as I know you are entitled to leave, just not the pay. There used to be something else you could claim if ineligible for SMP, but I'm not sure about that.

Original poster

Needadoughnut · 04/03/2019 11:43

Yes, I meant pay rather than leave! Im entitled to the government's which is about 50% of my salary.

OP posts:

Nautiloid · 04/03/2019 11:49

Ah good! I wouldn't be hopeful but I suppose there's no harm in asking. Congratulations.

Interested in this thread?

Then you might like threads about this subject:

Families

CountessVonBoobs · 04/03/2019 12:51

Sorry, but unless you're a senior hire they really wanted I wouldn't hold out much hope. If they do it for you they would literally have to do it for everyone which would amount to rolling the eligibility threshold back by several weeks, which would cost them (depending on size) potentially millions. And the government would not backpay it to them so it would be out of their own pockets.

happyasasandboy · 04/03/2019 13:00

Yes, I meant pay rather than leave! Im entitled to the government's which is about 50% of my salary.

Do you mean you are Public Service / Civil Service and Additional Maternity Pay is 50% of salary for 6 months? If so, my experience of Civil Service would be that the policy will be applied absolutely to the letter. The central policies are applied strictly across the Department they apply to (each Department may be slightly different) to avoid any allegation of unfairness or discrimination.

If you are Civil Service and want to ask for leeway, then I'd consider asking HR in the first instance. Your line manager won't be able to influence the decision (HR and the Pay teams will deal with it all) and you may lower your line managers option of you by asking, with no gain because of the lack of LM influence.

Original poster

Needadoughnut · 04/03/2019 13:03

They're a smallish company (40 total). I think there are like 6 ladies (including me) all younger than me. They did hire knowing that I was planning to stay here fore a while (I am overqualified) and it was more of a situation of we like you, you like us but there's nothing at your level that we can offer. I took what they offered anyways because I love the company.

OP posts:

caughtinanet · 04/03/2019 13:06

Congratulations on your pregnancy but no one can answer your question except your employer. Put your case and see what they say

Windinmyhair · 04/03/2019 13:24

It might be worth suggesting some kind of bond to them - you sign that if you don't come back and work for six months or something then you pay it back?

Just a thought.

ChodeofChodeHall · 04/03/2019 13:25

It's not unheard of: I work in HR and have come across this a few times.

Redken24 · 04/03/2019 13:27

Nope a lady I worked with was a week shy and it was a no.

MynameisJune · 04/03/2019 13:28

Is it for stat mat pay or enhanced mat pay? I think stat maternity pay is rigid as they claim it back but if you qualify for that and not for enhanced then it’s possible as the enhanced is paid by the company and for them to decide.

Aozora13 · 04/03/2019 13:40

Well if you don’t ask you don’t get! But if they only offer the statutory amount I’d be surprised if your employer would cover the difference themselves as my understanding is that the dates are set by government so your employer can only reclaim SMP from HMRC if it’s within those dates. Otherwise computer says no. You will be eligible for maternity allowance though. All this is assuming you’re in the UK of course...

Original poster

Needadoughnut · 04/03/2019 13:47

Yes, I'm in the UK. They offer 12weeks at full pay rather than 6. That's their whole ML/P policy. There's no HR department, all is dealt by one of the owners. They're very nice and that's why I'm slightly hopeful.

OP posts:

MynameisJune · 04/03/2019 13:57

Do you qualify for statutory maternity pay? Where you already pregnant when you started?

Stat mat pay is 6 weeks at 90% of your salary not full pay. If you don’t qualify for stat pay then I’d imagine they won’t pay you enhanced as they’ll be paying the stat portion out of their own pockets rather than claiming back from the government.

Meandmetoo · 04/03/2019 14:00

You could ask, but imo they would be very foolish to do so as it could set a precedent for future mat leave.

If they have no HR dept i imagine they use a consultancy firm who are rigid beyond belief so I wouldn't hold out much hope op.

Original poster

Needadoughnut · 04/03/2019 16:42

I wasn't pregnant when they interviewed me, nor when I accepted the job. I conceived the weekend they told me I had the job! (Start date was almost 2 weeks later).

OP posts:

MynameisJune · 04/03/2019 17:09

If you started the job before the date of your last period then you’ll qualify, if not then you probably don’t qualify. I missed out by a couple of weeks and will only get maternity allowance.

Meandmetoo · 04/03/2019 18:46

What? It's got nothing to do with the date of your last period

RicStar · 04/03/2019 19:02

If you were pregnant when you started employment you will not qualify for smp-will have to claim ma instead and it is very unlikely your employer will top up as it will cost them much more. I guess they might give you some kind of bonus if they feel really generous. You should ask but not get your hopes up.

Original poster

Needadoughnut · 04/03/2019 19:28

As odd as it sounds Meandmetoo it does have to do with your last period. As long as you start working a few days before your period starts,you qualify for SMP

OP posts:

Original poster

Needadoughnut · 04/03/2019 19:46

As far as I understand and according to their policy I guess they'd be losing out a bit more than £2200 if they were to give me their enhanced MP. Three of my months' salaries (what they pay) account for about £4k and MA would be close to £1800. I think they might be nice enough to give me a bonus but obviously I can't count on it.

OP posts:

mrscampbellblackagain · 04/03/2019 19:50

To be honest in a small company I would think it very unlikely they will pay you the enhanced maternity pay. Sadly, for all they know you may not come back.

You are a very new hire and in that situation I wouldn't be paying you enhanced maternity pay.

RainbowMum11 · 04/03/2019 19:54

Also unusual for an SME to offer more than stat, so worth an ask - maybe with a condition of xx months service on return or something?

JustHereForThePooStories · 04/03/2019 19:58

You can ask but I can’t see them agreeing too readily. It’ll set a precedent that they won’t want. While you’re “just” 18 days out, where’s the cut-off? 20 days? 30?

resipsa · 04/03/2019 20:09

Worth asking - I had a similar panic but had counted wrongly so all OK date wise but was later told by HR that they would have paid it anyway.

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