Can employer take away enhanced maternity pay for 2nd child

[sophia18]

Hi I dont quite know where I stand here but would most be grateful for some advice/ thoughts on this.
I had my first child and returned back to work 7 months ago.
Whilst I was on maternity with thr first, I was entitled to enhanced maternity. 1 month full, 6 months half pay and the last 3 months statutory.

However I am nos12 weeks pregnant with my wnd child and our work maternity policy says whilst they respect that you may want to have a family if you get pregnant within 24 months of returning back to work from.mat leave I will only be entitled to statutory pay.

I feel like this is totally penalizing me for having a child within their timescale as if I waited after 24 months to fall pregnant again i would be entitled to enhanced. Time isn't on my side. I am gutted as from a financial point of view it will be hard and I really want 9 months maternity with my new baby but think it's not doable financially.

I have been a loyal high performing employee for thr past 10 years and feel it's unfair

How would you approach this? Please help
Any advice much appreciated x

Thanks

They haven't taken anything away though if it is stated in company policy.

Enhanced maternity is an added bonus, not a legal requirement.

Well it's a discretionary benefit they are offering so they're entitled to choose their own eligibility for it. You could enquire with HR as to whether there's any flexibility but it seems unlikely as that would set a precedent and they'd have to change the policy for everyone. I presume it's to stop people taking back to back maternity leave and then coming back for the token three or however many months and then quitting.

Yes they can do that. It's clearly stated in their policy and it's an enhanced benefit

They are going to give you the legal minimum requirement. It's in your contract. Don't think you have a leg to stand on

I think the policy is fair enough. they haven't changed the policy for you have they? it was like that already?

employers don't always give enhanced maternity pay, many thousands of women get nothing but statutory. when enjoyed are more generous, it isn't out of charity or kindness, it's because it makes good business sense to make it easier for valued experienced staff to hop off the career train briefly and then hop back on and carry on. no one is forcing you to not have a second child, but your enhanced maternity pay isn't an entitlement and isn't being removed, it was never on offer if the policy doesn't fit with your timescales.

They are entitled to stipulate under what conditions you qualify for the benefit.

Did you not check before trying for a second? Or are it when looking at the policy first time around?

It’ll be tough but lots of women only get SMP with no enhanced options.

They can arrange what policy they wish sorry.

I would work out how much SMP is coming your way and start planning now. It may mean using holiday pay to add to your 39 weeks and not taking the 13 weeks unpaid? Only you can decide.

They've done nothing wrong. Enhanced maternity pay is a work place benefit, not a right. They only legally have to give you statutory maternity pay. Many employers give no enhanced maternity pay at all, however long you've been there.

Yes they can do that. It's clearly stated in their policy and it's an enhanced benefit

^This. You are being ridiculous saying you are being penalised!

Your employer is completely within their rights to place any terms and conditions they like on enhanced maternity pay. Plenty of employers don’t offer anything beyond SMP anyway.

Well it’s not your employers fault “time isn’t on your side” and you needed to have a baby now.

It’s an enchanted benefit, they aren’t doing anything wrong.

You decided to have a baby now 🤷🏻‍♀️ Your an adult you should of checked the contract before getting pregnant again if it’s going to make money tight......