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Occupational Maternity Paid promised.....

6 replies

user1480961881 · 05/12/2016 18:46

We are having an issue where I started working on my current contract after the date that the company policy would offer Occupational Maternity Leave.

We asked the employer for confirmation from the HR department what Maternity leave we would be entitled to and they wrote back confirming that we would be entitled to Full pay for 8 weeks and half pay plus statutory 18 weeks. My husband finished his contract early and doesnt get paternity leave but we both wanted to spend the time together at home so planned for this.

Now two months into having our beautiful baby boy my pay slip only has SMP on it. I have rung the payroll department they stated their standard policy at me which contradicts the specific email and letter in writing I have from HR giving a full break down of what I should be recieving and this includes OMP.

We rang HR and the lady who sent the letter was apparently very meticulous but has now retired as of last week! They are still looking into it but we are very concerned they will just try to revert to the overall standard company policy even though we queried this over four months ago.

What can we do? As this leaves us in quiet a pickle.

Thank you

OP posts:
MaverickSnoopy · 11/12/2016 14:50

I would be asking for a copy of their written policy - is there anything on their website/intranet?

I would also keep pushing the information provided as this is what you were told would happen, regardless of her retirement or not.

GreenTureen · 11/12/2016 18:58

confirming that we would be entitled to Full pay for 8 weeks and half pay plus statutory 18 weeks

This sounds completely off.

I've never known any company to offer 'half pay plus stat' for any period of maternity. Every policy you read says that enhanced company maternity pay includes the statutory element.

I'm not sure where you stand legally but I would kick up a stink if they refuse to honour the written offer and escalate it/keep kicking off. Even if they could legally refuse, hopefully the hassle won't be worth it.

Ellisandra · 12/12/2016 00:12

Who is we? It's your maternity leave. If we means it was your husband that wrote then I'm not sure how much that will help you - as he's not the one working for the company. But if you have it detailed in writing i would say your case is quite strong. I would give them a chance to honour what sounds like their mistake. My friend had similar in a large firm and they honoured though were very patronising about how lucky she was Hmm If they won't, speak to an employment lawyer. Good luck!

Scrumptiousbears · 12/12/2016 00:18

Green - My maternity packed was 90% pay for 6 weeks then 50% pay plus SMP for a further 12 weeks.

HeCantBeSerious · 12/12/2016 00:24

i've never known any company to offer 'half pay plus stat' for any period of maternity. Every policy you read says that enhanced company maternity pay includes the statutory element.

I had full pay for 6 months (inc SMP) and 3 months' half pay plus SMP. It's extremely common.

sleepyhead · 12/12/2016 00:29

Yep, half pay plus smp here too.

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