to ask you all where I stand with this.

[TotallyAndUtterlyPaninied]

This isn't really the right part I guess but I'm in a state and I want a quick response which I won't get on other parts of the site.

I go on maternity leave January 2010. My qualifying week for work is 14th November. They work out my mat pay from the 'pay received in the 8 weeks prior to your qualifying week'.

I didn't work August (I'm an hourly paid lecturer and obviously college isn't open in the summer) so I didn't get a wage in September. In October I got paid for the work I had done in September. Tomorrow I get paid for the work I did in October.

They have used September's pay slip (£0) and October's pay slip, divided it by two, for the two months, and then used that as my monthly wage for the year. So it's not a lot at all.

I can't survive on that, I'll lose my house.

Shouldn't they have used my actual hours worked for the 8 weeks up until my QW? Can I contest it? Is now a good time to get in the union?

you can get money from the government if you arent entitled to maternity pay from work

You may well be able to contest it. Check teh notes that come with teh form carefully.
You may be able to change your qualifying week.

Doesn't sound right. Go see your union rep - i'm sure they can sort it out.

I'd def speak to the union or to CAB to see what they say, it doesnt sound right that they are not taking into account the hours you did over the 8 weeks qalifying period just because your pay is delayed.
I'd imagine the govt wont cover anything like what you should be getting from work as the govt amount is £112 per week but the amount your work will be paying you is 90% of your salary for the first 6 weeks.
Hope you get it sorted!

I do remember it working the other way for someone I worked with years ago. She had a yearly bonus paid during her qualifying 8 weeks and ended up getting a fortune in maternity pay based on it.

No, I think this is wrong, because if you weren't working because they couldn't offer you work, they have to go back to the period before that.

See this link

and this one.

Ring HMRC employee helpline on 0845 302 1479.

Surely then by their own logic, they should use the first weeks of November as well (until 14th Nov)?

I'd check it out with your union rep, but you might find that although in different financial times you may have got more, these days most FE colleges and universities are tightening their belts and giving people only what they absolutely have to give them.

I would have thought they should take your pay from the last year averaged per month. But that's just my personal opinion and I don't know how right/wrong it might be.

The UCU (assuming you are a member) website does have a section on it though of FAQs for legal matters and I'll bet others have come across this before too.

Hmm yes they should I think

I'm a nurse and get paid, like you, for hours worked the month after I've worked them. I'm sure my pay was worked out on those hours, despite being paid for them later iyswim (because I worked a LOT of unsocial hours and overtime in those 8 weeks )

Not sure what you should do about it though, sorry. Do post this in Employment issues also, a few HR workers post there.

lots of info on the direct.gov.uk website (have just been looking at maternity allowance for myself)

hth

were you technically employed by them during August?

yes get in the union, they are there to help and yes as far as I am aware it is the weeks worked before the qualifying week not the payslips given. I can't remember the exact calculation but you are given x qualifying weeks and you only hand in wages for y weeks, so it allows you to chose the most productive weeks and ensure your allowance is as high as possible. I am pretty sure they have worked it out wrong. Good luck.

OH FUCK.

Just looked on direct.gov.uk and it says this:

How your average weekly earnings are calculated
To qualify for SMP your average weekly earnings must be at least £95 a week, this is called the lower earnings limit (LEL).

To calculate your average weekly earnings your employer will average your gross earnings over a period of at least eight weeks up to and including the last payday before the end of your qualifying week. The qualifying week is the 15th week before the week your baby is due. This period may vary depending on how often you are paid ? weekly, monthly or other intervals.

'For working out SMP purposes, ?pay? means gross pay that is due to you before any deductions. Your employer will take into account your gross pay that you received in the set period, as long as it counts for National Insurance (NI) contributions (or would count if you earned enough or were old enough to pay NI contributions).

If you get sick pay, overtime payments, bonus payments, arrears of pay or holiday pay this is all included to work out your SMP, if you actually get them in your set period. It is when you get paid the money that counts, not when it was actually earned.'

I rang my dad panicking and said I'd have to work until I go into labour then go home and take 2 weeks off work and then go back and he said 'yes sounds like it. Well it certainly doesn't take more than 2 weeks to recover from having a baby'.

I've never cried so much in my life.

What am I going to do??

I own my house. I have a husband with a very low wage. Our mortgage is ridiculously big because we got 85% mortgage last year and then the house prices dropped so now we have 92% mortgage- £650 a month. Our bills, credit cards and debts from DH's previous relationship are totally ridiculous. We just about survive as I work a lot and get the bigger wage by far.

HR department have been really off with me and I knew something was coming, I just didn't realise it was this bad. I've had it all in writing today.

Can you get SMA instead? Then you get to pick which weeks you earned the most IYSWIM.

My dad said 'well you won't get to take all that time off you were expecting will you?'

I've never been so angry in all my life.

What's SMA?

'If you get sick pay, overtime payments, bonus payments, arrears of pay or holiday pay this is all included to work out your SMP, if you actually get them in your set period. It is when you get paid the money that counts, not when it was actually earned'

Does this mean that I can include my Golden Hello in 'bonus payments'? I got it during that period and it was taxable.

it says at least weeks, does that give them the discretion to take it over more than 8 weeks, like 12 months?

CarGirl- that's what i wondered but they will give me as little as possible. I have just joined the union online but I've been trying for weeks to see a rep and he never shows up.

statuatory maternity allowance.
yes it implies to me you can include our bonus payments.

You need your union

Can you apply to your mortgage company for a payment holiday? Depending on the terms of your loan, this might give you a short-term reprieve.

It's a pity your dad is not a bit more supportive .

It might also be worth going to your HR department and explaining your situation. Some employers are willing to give you a loan in cases like this. Probably wouldn't hurt to ask, the worst they'll say is no.

At least it sounds a little hopeful I might get to include my Golden Hello. I wonder how much it will cost to see a solicitor, I will ring tomorrow.

Sorry, I keep cross posting in panic. I'm due 24th Feb but it goes off the Qualifying week so it doesn't matter when I actually go on maternity leave IYSWIM.

Unseen- mortgage company said we owe too much for a holiday and to ring back if house prices rise but that they might talk to me about lowering payments or something. They won't discuss it until January.