Is my company entitled to this?

[Foodgasm]

Hi everyone,

So I changed some details of the story in order not to out myself, but the most important things I left unchanged.

I work in a sales job in the medical industry.

I'm due to go on maternity leave in two months in December when my baby will be born.

Last week I had a meeting with the HR manager and she said I won't receive the commission on deals that I close shortly before I go on maternity leave.

In my job we only get the commission once customer has paid, so I could close deals before I leave and the payment from customer could come through 1 or 2 weeks later while I'm on maternity leave.

Is this right? Is my company entitled to do this?

Would be grateful for any advice xx

I'd say as it's your accounts that got the deals to begin with then logically you should receive the commission too.

Does it work the opposite when you return ie your colleagues wont get commission on orders they close as you will be back at work?

But will commission for deals they close be payable to you on your return?

Do you get commission on deals that pay after you return from mat leave that are made by your colleagues?

Could you potentially play them at their own game by taking 2 weeks annual leave before your mat leave. That way any commission would hopefully come due before your mat leave kicks in.

What happens if someone is off sick? What happens with paternity leave?

I would ask for the formal policy on this but suggest you go in lightly at first to gather the data from them. I think if this policy applies to pregnancy only and not any leave of absence over a normal holiday period i.e 2 weeks then it could be viewed as discrimination.

No, a colleauge of mine who takes care of my customer account will receive the commission whilst I'm away.

That's shocking, it's also a good point as a PP has mentioned, will you get commission when you're back from the deals that they sealed but haven't yet been paid? I'd request all of the documents that outline the policy etc, and pregnant than screwed or someone is a good shout for advice.

Ask them what incentive you have to close any deals between now and when you go on leave, especially if you have long sales cycles.

I'm also in sales and have always been paid fully on deals closed before I left, put payable after, and for deals that closed during mat leave where I have put in a substantial effort, I have received a share.

What happens when you return, will you benefit from deals they have closed but haven't yet paid?

You get paid commission once you have fulfilled your obligation in the contract as your employer have obtained the financial benefit from your work

Do you have any performance based remuneration (commission) clause in your contract if not what is HR using to claim you don't get paid?

HR claims there are 3 conditions are involved

Condition 1
You contract a sale by entering the order in the company system
Condition 2
The buyer pays the full amount due
Condition 3
Specific requirement on payment being on a 'working day'
(attendance and available to work
#Not having handed in your notice and left the company
#Not off in sick leave
#Not be on availing of a statutory right to holidays
#Not to be availing of a statutory right to maternity leave
Etc)

In a multinational it's easy for generic HR policy not to be adapted to an individual country
Problem the company have is
#they have excluded you from work to fulfil their statutory obligation
#maternity leave is sex specific so only women can loose their commission
So HR need to explain why they believe condition 3 is legal enforcable for maternity leave

You’re missing out on pay for work you have completed, solely due to the fact that you are on maternity leave.

It’s true that you aren’t entitled to your “normal pay” whilst on leave, but on the face of it you would be entitled to this if it’s not “normal” pay.

You’re still entitled to bonuses and enhanced payments whilst on leave and a failure to pay it could be unfavourable treatment due to maternity leave (a form of pregnancy discrimination).

I would ask your HR Department for a response in writing as to why they are denying payment for work owed solely because you are on maternity leave!

Oh and I should add that if the payment falls due during the compulsory two week maternity period then you have an even greater argument that it should be paid.

Have they said whether this approach will apply to your colleagues when you return?

Will you get the commission for contracts they do on your accounts in the weeks before you return?

I work for a union. This is pregnancy/maternity discrimination. You are receiving unfavourable treatment purely on account of your pregnancy. It's illegal. You should contact your union or if you don't have one, ACAS.