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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To think my SMP will be calculated using my bonus payment?

24 replies

maternityplanning · 16/07/2019 12:28

I am due to have my second baby next year and am looking at my smp payment calculations. It feels less confusing this time around, but only slightly less.

This is my understanding and I want to know if I'm missing something:
Smp is calculated in the 8 weeks period prior to the 15th week before the due date. My annual bonus (about 25% of my salary) is due in this 8 week period.

Am I nuts to think that my smp will therefore be massively inflated due to my bonus falling during the calculation period?

I am also able to vest and sell some company shares over that period, which would again boost up my smp. Would this affect my smp too?

Thank you for your help!

OP posts:
HavelockVetinari · 16/07/2019 12:54

I doubt bonus is included - normally when contracts refer to 'pay' they mean basic pay, with bonuses excluded.

Lonecatwithkitten · 16/07/2019 12:56

Bonus should be included as it is part of your renumeration package.
Sale of shares probably will not be as these already belong to you and you are making a sale not earning them.

pinkcardi · 16/07/2019 12:58

Yes, my bonus has always been included when I've had average weekly pay calculated.

ladylunchalot · 16/07/2019 12:58

It might be included - my SMP with DD (13 years ago!) was based on my pay that profit sharing (15% of my salary) was paid out. I rang HR to find out if this was right as my pay was much more than I thought and they said it was correct and congratulated me on my excellent timing lol

MrsMiggins37 · 16/07/2019 12:59

Yep if it falls within that period, it should be included. I know a few people this has happened to, lucky you!

Kimchi · 16/07/2019 13:02

When I was made redundant when pregnant my smp was calculated off the months I got my redundancy payment. I got well into the five figures for my first smp payment. We double checked with the tax office and it was right!!

SmallPinkBear · 16/07/2019 13:06

this happened to someone I knew and she got more SMP do you should be in luck! Not sure about the share though, I doubt this would be included

Whiskeywithwater · 16/07/2019 13:09

Yes, this happened to a colleague of mine ... frustratingly! We were pregnant at the same time, but she was due a few weeks before me. Her SMP included her bonus payment (we both worked on a trading floor in the City ... bonuses were good), mine didn’t. 13 years on I’m just about over it ... (& I had a healthy baby and that’s all that really matters)

familycourtq · 16/07/2019 13:10

YANBU bonus should be included in the calc if it falls within the period.

Northernsoullover · 16/07/2019 13:11

Mine was! I had a superbonus in that month and spent maternity leave absolutely minted. I wish I'd made wiser choices with it Hmm

southernsofties · 16/07/2019 13:16

My Maternity pay from my employer was (I got 90% for a certain number of months then onto SMP.

My salary at that point in time included my bonus, so i got more than my regular pay fir a short while, but then onto standard SMP

maternityplanning · 16/07/2019 13:18

Wow this is awesome. I've checked the maternity action website and it's true! Thank you all !

OP posts:
maternityplanning · 16/07/2019 13:24

@Kimchi that's amazing 😉 what a way to take an amazing redundancy and maternity leave!

OP posts:
Kimchi · 16/07/2019 13:28

@maternityplanning yep! I could not have been more delighted to be jobless at 5 months pregnant with a whopping double pay out and then not long after they employed me as a consultant for more than my salary too. It was so stressful for a time but worked out so well in the end!

SandyY2K · 16/07/2019 13:34

I'm not sure if there is some confusion here. SMP is statutory and is not based on your salary.

You may be talking about OMP. Occupational maternity pay. Which your company decides and is based on their maternity policy.

Everyone who is eligible gets the same statutory weekly amount.

BlueSkiesLies · 16/07/2019 13:34

OMG I did not know this!

If I ever have a child I shall try and time the due date to get my bonus included, given its like 50% of my annual earnings!

familycourtq · 16/07/2019 13:37

@SandyY2K. You are wrong. SMP is indeed statutory, but it is also based on salary (for the first part). Go and look it up.

dementedpixie · 16/07/2019 13:41

The first 6 weeks of SMP are at 90% of salary in the qualifying weeks. The rest of the SMP is a standard weekly amount

SandyY2K · 16/07/2019 13:53

This reply has been deleted

Message withdrawn at poster's request.

Crunchymum · 16/07/2019 13:54

I didn't know this about SMP.

What are counted as the "qualifying weeks"?

SandyY2K · 16/07/2019 13:59

My error.

familycourtq · 16/07/2019 14:24

@Crunchymum - as stated in the OP - SMP is calculated in the 8 weeks period prior to the 15th week before the due date.

fiydwi · 16/07/2019 14:49

Mine was!! I had 2 bonuses within the qualifying period. My paid may leave was nearly a grand more than what I’m usually paid for the first 3 months.

Stilllearning01 · 16/07/2019 15:04

happened to me with baby 2. My company has a maternity leave policy of 18 weeks full pay, but in the first 6 weeks the legal 90% was higher than my 100% (as it included my annual bonus). they had to pay the higher amount for the first 6 weeks. I ended up being able to take an extra 3 months leave because of that windfall

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