Am I entitled to bonus whilst on maternity leave

[bothered]

Our company bonus is based on performance from Jan to Dec and is paid in March of the following year. I went on maternity leave in July and have still not returned to work. Am I entitled to the bonus for the whole year or only from Jan - July of last year. Can any one advise?

Yeah i think you are, i had a simular thing when i was at work then went on mat leave over the bonus period- Im sure that its law that you have to get what u would have if u were at work.... or there has to be a bloody good reason why not. Is there someone u can talk to in the personal dept on a confidential basis?

good luck x

Not really, I am 95% sure that they pro rata it for the months you worked. Its one of the biggest employers in the uk too!!

if the bonus is contractual, I think you are normally entitled to the whole lot - but it does depend on how the whole thing is worded and if it's in your contract.

if they pro rata it then u should definately be entitled to one, and raise the issue if u dont get one. They have to treat u like a full time employee even if youre on mat leave- try www.workingfamilies.org.uk/asp/family_zone/fs_pr1_matrights.asp\here} for details...

mine was pro rata for the period I was actually at work - they could do this as it wasn't in my contract and was directly dependent on actually working.

it really does depend on where the rules are stated and how.

Just checked with HR and they said it was down to managers discretion, but the company are not obligated to give bonus for the months you are not actually at work. Seems unfair to me as I thought you had to be treated as thought you were at work.

I disagree bothered I think a bonus structure is for work not for maternity leave so think a pro-rata would be totally fair

I do understand that and see the logic in it, I was just hoping to get more than I will.

Well I was off from April - Jan, and have just got details of my bonus which was pro-rata(d ) for the time I was in the office....

Hi - I also went on mat leave and received a pro-rata bonus for the period I worked. I am sure that I read somewhere that all benefits should remain like accrued hols and car allowance/car etc.. Is it in your contract of employment? I would appeal as a matter of course - do they pay it to people on long term sick?

No, there is no mention of it in the contracts - People on long term sick are unlikely to get the bonus in my experience.

Go to dti website, and look for maternity leaflet. All in there and very detailed, unfortunately not available in paper format.

If you can't find it, get back to me...wish wish wish I could do links

www.dti.gov.uk/files/file18061.pdf This is website, I think bonus's (bonusi!! ) are on page 29...but it says it is a grey area, and legal advice is needed

hello, my HR wife (currently on ML) says:

"recent case law has stated that any bonus which is linked to personal performance is pro ratable, any bonus which is directly linked to 'whole company' performance should be paid in full - NOT pro rata.

BUT, try telling that to your bosses...

Also depends on whether it's all contractual anyway, hard to enforce anything thats not written down and signed. 'Custom and practice' is a hard thing to pin down, wriggly little bugger.

Hands up who wants to be the first to challenge their company to a fight?"

where did everyone go?