Page 8 | Just been told I'm not entitled to maternity pay at my work after my baby has been born?

elm26 · 2023-05-31T21:49:16+00:00

Hello I emailed my manager today as have received no maternity pay today (it's our payday). Why wasn't I told this when I handed in my MATB1 form at 18 weeks pregnant?? I'm completely blindsided. She said the following; "To qualify for SMP, you must have been earning on average an amount which at least equals the lower earnings limit which applies on the Saturday at the end of your qualifying week. The lower earnings limit (LEL) is the amount you have to earn before you are treated as paying National Insurance contributions. The accountants have advised your average weekly earnings were not high enough to qualify for Statutory Maternity Pay. I have a form that will be sent by recorded post together with your MATB1 which I am obliged to return so you may make an application for Maternity Allowance." I was signed off sick for most of my pregnancy due to Hyperemesis, is this what she means regarding my average weekly earnings were not high enough? Please help, I'm so anxious now and haven't told DH yet 😢 why wasn't this discussed with me before?! Is this correct? I have no idea about these things. Thanks in advance x

Clarabell77 · 03/06/2023 11:52

@TakeMeDancingNakedInTheRain

you should change your username to smuggymcsmugface after posting that 🙄

Lolly2507 · 03/06/2023 12:53

With a couple of exceptions you're all pretty foul. OP is obviously a stressed new mum and upset and clearly had a difficult pregnancy. There's no point pointing out what she should have done or could have done. Have some empathy.

Axon · 03/06/2023 13:42

Lolly2507 · 03/06/2023 12:53

With a couple of exceptions you're all pretty foul. OP is obviously a stressed new mum and upset and clearly had a difficult pregnancy. There's no point pointing out what she should have done or could have done. Have some empathy.

I agree.

Thesage · 03/06/2023 14:08

I can totally see why employers won't tell an employee on sick leave, how being in receipt of ssp during qualifying week would effect maternity pay. Giving invidual employees the "heads up" could be interpreted by certain employees as trying to persuade them to come into work in order to qualify for enhanced maternity payment, while truly unwell. Could lead to a lot of problems. If you are ill, you are ill, regardless of how much you get paid. If one is truly ill they shouldn't be nudged by their employer to bring themselves into office just to qualify for enhanced maternity pay . It's up to the employee to read their company policies. If one is so ill that they are signed off from work , they can't suddenly become well enough to go into the office when they find out they'd be getting paid less.

Hardbackwriter · 03/06/2023 14:37

Thesage · 03/06/2023 14:08

I can totally see why employers won't tell an employee on sick leave, how being in receipt of ssp during qualifying week would effect maternity pay. Giving invidual employees the "heads up" could be interpreted by certain employees as trying to persuade them to come into work in order to qualify for enhanced maternity payment, while truly unwell. Could lead to a lot of problems. If you are ill, you are ill, regardless of how much you get paid. If one is truly ill they shouldn't be nudged by their employer to bring themselves into office just to qualify for enhanced maternity pay . It's up to the employee to read their company policies. If one is so ill that they are signed off from work , they can't suddenly become well enough to go into the office when they find out they'd be getting paid less.

I have lots of sympathy with OP and think they should have told her earlier so she could apply for MA earlier, but I do agree with this. She was off for most of her pregnancy, she says - if she'd managed to turn up during her qualifying weeks but not otherwise I can't imagine they would have been impressed! And it wouldn't have been practically possible with hyperemesis. She would have been better off knowing sooner so she could plan but it wouldn't have changed the outcome in practice.

dementedpixie · 03/06/2023 14:40

They should have made her aware that getting only SSP in the 8 week relevant period could affect her maternity pay. They should not be waiting until after the baby is born to tell her she doesn't qualify for SMP.

It is shocking that's she's had to chase them up about it when they should have given her the details of her maternity pay (or lack of) before her maternity leave began.

Thesage · 03/06/2023 22:28

"They should have made her aware that getting only SSP in the 8 week relevant period could affect her maternity pay. They should not be waiting until after the baby is born to tell her she doesn't qualify for SMP."

Not to labour the point , but , they would have - in their policy documents. Telling this to individual employees could be seen as trying to blackmail an unwell employee into coming to work. Could have huge repercussions for the organisation.

SixKeys · 03/06/2023 22:50

Thesage · 03/06/2023 22:28

"They should have made her aware that getting only SSP in the 8 week relevant period could affect her maternity pay. They should not be waiting until after the baby is born to tell her she doesn't qualify for SMP."

Not to labour the point , but , they would have - in their policy documents. Telling this to individual employees could be seen as trying to blackmail an unwell employee into coming to work. Could have huge repercussions for the organisation.

Exactly this. If an employee comes to you and tells you they're too sick to work, you accept it and they come back when they're well enough. You don't tell them 'well kiss your maternity pay good bye
then'. If she's sick she's sick.

dementedpixie · 03/06/2023 22:54

They are still supposed to confirm with her what her maternity pay will be during her leave and they didn't do that.

Original poster

elm26 · 04/06/2023 20:22

Thank you everyone again. I will get it sorted this week x

OP posts: