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Is it ever possible to change maternity pay after 25 weeks??

10 replies

mumof1littlebun · 26/02/2020 03:46

My maternity pay was calculated based on my normal contract but after this months pay slip has been changed (and lowered) as I took 2 days unpaid leave in January. I just didn't think about it affecting my maternity pay at the time and am now obviously wishing I hadn't taken it!

I am 27 weeks now though so I imagine there is nothing I can do about it but just wondered if it's ever possible to have mat pay changed after 25 weeks??

OP posts:
HappyAsASandboy · 26/02/2020 04:00

Statutory Maternity Pay is calculated using details of what your earned during a specified period of pregnancy. It isn't possible to change that period, or to go back in time and change the leave decisions you made during that period.

What sounds a bit odd is that you say your pay has changed recently because of this unpaid leave. Were you receiving Contractual maternity pay up until now? They can calculate contractual maternity pay any way they like, so you'd need the policy to see whether it is calculated based on a different period that didn't include the unpaid leave.

mumof1littlebun · 26/02/2020 04:08

Sorry I haven't made that very clear! When I initially rang HR to sort my leaving date I was given a figure based on my hours and given that I don't work overtime and always work the same hours the lady explained what my pay would be but that after this months pay date she'd email with the confirmed amount. As I had taken the 2 days unpaid last month this has reduced my pay

OP posts:
HappyAsASandboy · 26/02/2020 04:21

That makes more sense!

Statutory pay will be calculated on the amount you were actually paid during the Relevant Period. The dates this actually covers depends on your pay dates - it is the 8 weeks covered by the payslips prior to the Qualifying Week. The Qualifying week is calculated by counting 15 weeks back from the Expected Week of Childbirth, which is the Sunday at the start of the week your due date falls in! It's not simple!

There's some guidance here - www.gov.uk/guidance/statutory-maternity-pay-manually-calculate-your-employees-payments

And an online tool here - www.gov.uk/maternity-paternity-calculator if you want to check your employer has done it correctly.

I don't think there'll be a way to change it now, as you've received the payslips for the Relevant Period already. If your employer agreed to change that unpaid leave to paid leave there may be a chance they could reissue payslips for that period? Not sure whether that's possible though.

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NotYourHun · 26/02/2020 04:25

Leave after 25 weeks shouldn’t affect it.

mumof1littlebun · 26/02/2020 04:39

I'm sure it will all be correct, it's a big company I work for. Just so annoyed about it but suppose I just have to let it go now

OP posts:
HappyAsASandboy · 26/02/2020 10:00

If it makes a significant difference to your pay then it's worth you checking they've used the right period.

You work backwards from your Expected Due Date (EDD);

  1. Find the Sunday before your EDD. That's your Expected Week of Childbirth (EWC).

  2. Count back 15 weeks from EWC. That is your Qualifying Week.

  3. Find the payday prior to your Qualifying Week. That is the end of the Relevant Period.

  4. Work back through your payslips to cover 8 weeks. That's the start of your Relevant Period.

Do your unpaid days fall within this Relevant Period?

mumof1littlebun · 26/02/2020 10:26

Thank you HappyAsASandBoy, unfortunately I think my unpaid days do fall in this time. I'm due end of May and took the 2 days mid Jan

OP posts:
HappyAsASandboy · 26/02/2020 20:38

Yes, those dates sound like the days might fall in the Qualifying period.

Do you have Annual Leave that you could have used instead of unpaid leave? Is it worth a discussion with HR to see whether you could change the type of leave now, and whether that could be reflected in payslips somehow to change your SMP calculations?

mumof1littlebun · 26/02/2020 20:45

No I didn't have any annual leave left which is why I took it unpaid. I've checked with HR and there is nothing I can do, I feel better for checking though so just need to make my peace with a stupid mistake!

OP posts:
ItchyScratch · 26/02/2020 20:47

I calculated mat pay daily in my job and unfortunately that’s correct and the way it goes.

It also works the other way though. Like if you had a big chunk of overtime or a bonus you can end up with a much higher 90% SMP amount.

Some people cotton on to it and play the system

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