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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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Original poster

To think I should get a bonus if everyone else does even though I’m on mat leave

91 replies

LahDeDah · 23/12/2018 18:50

Small organisation and the bonus isn’t massive usually but it’s a nice little something that I usually buy myself something with because I don’t really buy anything unless I need it since I’ve had my children, not that it matters to the thread.
I worked in place for 10+ years and currently on mat leave, I was there for 6 months of this year and I feel like I work hard for them as I always have done. This year I haven’t been invited to work Xmas party and also no bonus. Aibu to think it’s not fair if all other employees are having these perks?

OP posts:

Hidillyho · 23/12/2018 19:19

Would you expect a man who has gone on sabbatical for 6 months to get a bonus too

A woman on mat leave isn’t on a sabbatical though.
Legally you are still an employee and therefore you should be treated as such

Ohheyyy · 23/12/2018 19:19

You're an employee so you should have been given a bonus and an invite to the party. That's pretty poor that you haven't tbh.

Myglassesareknackered · 23/12/2018 19:20

Thentherewascake you’re completely exposed to being sued for discrimination. People getting a full bonus are not being discriminated against. A female employee who’s on maternity leave has her rights protected in law. She is in a protected group under discrimination legislation. If you don’t pay a full bonus you are acting illegally and deserve to be sued.

HavelockVetinari · 23/12/2018 19:20

I can't believe there's so much ignorance and pettiness on this thread! OP is legally entitled to her bonus! FFS!

Myglassesareknackered · 23/12/2018 19:21

No one will be able to say with any certainty, depends on how the bonus is termed in your contract.!
You cannot have a contractual clause that tries to exclude women on maternity leave from a bonus scheme/leave/pay rise etc. That of itself would be discriminatory.

Thentherewascake · 23/12/2018 19:22

How on earth do you calculate a bonus for someone who has not been there and not done any work?

Still entitled to her job, her full pay, but BONUS? I don't think so. In fact, I don't pay bonus to someone on maternity leave. How bloody unfair for other employees, male or female, who didn't go on parental leave that year.

Do you want me to pay her overtime as well? oh no, she is not there!

HabbyHadno · 23/12/2018 19:24

I got all my bonuses when I was on mat leave and I worked for a small business, I think you have to get paid them as you have to be treated as if you're still in the office.

mrsed1987 · 23/12/2018 19:24

We have a bonus which wasnt paid when on maternity leave until a couple of girls got unison involved

GloomyMonday · 23/12/2018 19:26

You've only got to google this question to see that op is not necessarily entitled to a bonus. She might be, but it depends on the wording of her contract. Plenty of advice from employment lawyers, government departments and citizens advice.

Myglassesareknackered · 23/12/2018 19:26

Fucking hell, it is illegal. You might not think it’s ok, but it is absolutely illegal to exclude a woman on maternity leave from a bonus scheme, pay rise or use of her annual leave.
OP, please join a union if you are not a member already, and seek some advice.

Myglassesareknackered · 23/12/2018 19:27

How on earth do you calculate a bonus for someone who has not been there
Because the law says she must be treated as being there. Her rights are protected.

MrsStrowman · 23/12/2018 19:28

I'm on mat leave, got a letter today to say there will be a small bonus in my December pay and in getting a payrise! Never happened before we were privatised... In the four years since take over I've had more than treble the salary increase I had in the previous six years in the public sector . Wish we hadn't thought so hard to retain our terms and conditions either, turns out the private organisation's are much better...
To me or would friend how long you've been on mat leave and if the bonus is performance related, of you've been off for nine months and made no contribution to performance you shouldn't get a bonus, if it's just an annual everyone gets a Christmas bonus type scenario you should get it.

HavelockVetinari · 23/12/2018 19:28

In fact, I don't pay bonus to someone on maternity leave.

^ @Thentherewascake you are breaking the law and discriminating against women. You ought to be ashamed of yourself.

MrsStrowman · 23/12/2018 19:30

Ugh so many typos, trying to BF a wriggly baby...

bunnyup · 23/12/2018 19:31

Op I (and other staff) were made redundant whilst on mat leave, found out on social media as company forgot to tell me. It was like I ceased to exist during that time.

Thentherewascake · 23/12/2018 19:32

Because the law says she must be treated as being there. Her rights are protected.

By that logic, if she was treated as if she was there, she would be sacked for having 0 result! Don't be ridiculous.

How bloody unfair to give share the bonus pot with someone who is not in the office, instead of giving to Harry who has worked every weekend for the last 2 months, Paula who has been in the office for 14 hours a day and Janet who has bagged the biggest client of the year and made the company a small fortune?
What about being fair to the people who are actually working their socks off.

EmmaC78 · 23/12/2018 19:33

Those saying it is illegal not to pay a bonus while on maternity leave are incorrect. Whether the bonus is payable depends on a number of factors including how the bonus is calculated and the contractual terms.

EatSleepRantRepeat · 23/12/2018 19:33

So many people saying this is illegal, without knowing anything about the qualifying criteria for the bonus or what it says in her contract!
Depending on the amount you were expecting OP, maybe look into real employment advice. I can guarantee that in some circumstances it is absolutely not illegal to pro-rate bonuses for maternity leave (have worked in FTSE100 companies in their reward teams who do this, and it's also the case at my current employer)

NaturalBornWoman · 23/12/2018 19:33

Your entitlement to bonus on mat leave depends on whether the bonus is for personal performance or team/company performance. Even if it's on personal performance you should get it for the time you were at work if you achieved your personal objectives. If it's team/company performance you should get it in full.

GloomyMonday · 23/12/2018 19:33

I wish people would stop saying it's illegal because it definitely doesn't appear to be.

A bonus paid on individual performance or attendance, for example, doesn't necessarily have to be paid.

From Working Families website :

"At present the general position is that bonus or commission payments that are part of your salary or regular earnings or performance-related pay are likely to be regarded as remuneration so are not payable during maternity leave."

This is because your contractual benefits - except those relating to remuneration - are protected while on maternity leave. That's presumably why they don't have to pay your full salary?

But from what I've read you do seem to be entitled to a proportion, relating to the period you worked.

PattiStanger · 23/12/2018 19:35

How can anyone say whether she should have the bonus without knowing what the criteria and contract terms are?

Justanotherlurker · 23/12/2018 19:39

Fucking hell, it is illegal

Unless you have seen the contract then this is just hyperbole, personal anecdotes mean nothing

Myglassesareknackered · 23/12/2018 19:42

You cannot have a contractual term excluding someone from receiving a bonus because they are are on maternity leave. That itself is discriminatory.

Justanotherlurker · 23/12/2018 19:45

You cannot have a contractual term excluding someone from receiving a bonus because they are are on maternity leave. That itself is discriminatory

And until anyone other than the OP has read the contract to distinguish that is the case then no one can say for certain either way.

GloomyMonday · 23/12/2018 19:46

But you can glasses, you can if it's considered remuneration, or is based on attendance, or is based on personal achievement. It has been legally tested many times.

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