Maternity T&C's change mid-pregnancy - where would I stand?

[RM82]

Hello,

My husband and I have started fertility treatment (Clomid) and so far my body has reacted really well to it and I am ovulating (a little too well at the moment) so the dose needs to be tweaked before we start trying, to avoid a multiple pregnancy.

Now reality is setting in, and the prospect of us getting pregnant in the next few months is very real (this would be our first child) we are staying positive and looking at finances etc and trying to get organised and save some money etc.

I have worked for my current employer for 20 months, their current maternity terms and condition is Statutory Maternity Pay (90% of your average weekly earnings (before tax) for the first 6 weeks then ?139.58 or 90% of your average weekly earnings (whichever is lower) for the next 33 weeks). The company was bought out a few years ago now (before I started) by a larger company, we have merged and there has been a long battle regarding aligning our T&Cs to theirs - we have been told this will now happen at the end of this year.

The new T&Cs we would be aligning to for maternity are enhanced, at 18 weeks at 90% pay then 21 weeks SMP, obviously this is better than the SMP only terms.

My question is, if I fall pregnant before my terms and conditions change over (fingers crossed) would I be entitled to the new maternity T&Cs or the old one? I will still be working for the same company as I have done for the past 20 months.

HR cannot tell me until we are aligned, whether I would qualify (or not) for the better maternity pay, and I don't want to push my luck by badgering them.

If anyone has any idea how this works and could advise I would be really grateful.

Thanks in advance x

As it's company maternity pay it would be up to your company to decide if they would let you have the enhanced amount. The only fixed rules are relating to SMP so as long as they aren't trying to pay you less than that, they can basically do what they like.

I would have thought that once a contract (with new t&c) is signed, these rules apply. So if you were to go on Mat leave the day before the contract comes in, you'd be on the old system and if you went the day after, you'd be on the new.

Presumably you will have to sign a new contract so it'll depend on the start date of that. Usually you on,y send your employer your official notification (for mat leave purposes) at 24 weeks so you don't even have to tell them til then which will give you a bit longer. I didn't tell til 22 weeks.

Thank you for your thoughts I guess I will just have to wait and see when the time comes. Fingers crossed they merge and let me have the new mat pay x

I would guess you'll get the new t&c if you give your mat1b after the change and the old if you give it before.
So a pregnancy in August or later is probably the new t&c but a pregnancy sooner the old ones.

It's the terms and conditions at the point you notify them of your maternity leave. As others have said, you don't have to officially notify until the 25th week if you don't want to (although there are pluses and minuses to this such as time off for appointments) so that should buy you extra time to be moved onto the more favourable terms.
With any extra maternity pay there's usually conditions attached also such as having worked there enough time and hàving to return for a certain length of time, so depending on what you want to do it might not matter e.g. if you want to be a SAHM you might have to pay it back. The SMP you get and is yours to keep though

Ah right! Thank you all - I think I will keep it quiet as long as I can with work my line manager is really flexible for appointments etc x

Looks like I will be on the old terms after all - Just found out I am pregnant on our first round of Clomid - shocked but totally chuffed to bits :)

Fantastic news, congratulations

Thanks so much

Congratulations! My employer changed their maternity pay making it better for some people, worse for others. For those better off under new terms the changes came in for all babies with due date after X (about two months from announcement) but for those who'd be worse off, the changes didn't come into effect for 11 months - so they wouldn't affect anyone already pregnant. i suspect there's no obligation to give you the new terms but let's hope the alignment goes quickly so you can take advantage!

Thanks for all of your advice ladies - just have to see how it goes T&C's wise :)