Active discussions

Meet the Other Phone. Protection built in.

Meet the Other Phone.
Protection built in.

Buy now

Please or to access all these features

Talk
Money matters

Find financial and money-saving discussions including debt and pension chat on our Money forum. If you're looking for ways to make your money to go further, sign up to our Moneysaver emails here.

Original poster

Is this legal - maternity pay and annual leave?

84 replies

WhyTheHeckMe · 04/03/2018 21:54

Don't get me wrong I'm not complaining about this, but only just found out it may not be legal! And just worried they may take it away..
Basically I work for a huge company, everyone in the UK has heard of them

They offer a good maternity package and they allow you to use annual leave the whole way throughout. Eg. I get 25 days a year and they allow me to book 5 days per month for the last few months which is great

I'm due to go on mat leave with dc2 and I did the above with dc1 so I've not misunderstood it.

However upon talking to someone in hr at another company they told me they were 99% sure this isn't allowed.

Is this correct? If so, why?

Thanks!

OP posts:
Original poster
WhyTheHeckMe · 04/03/2018 22:33

Sorry loads of typos in that . Think I'll ring acas then to ask for advice.
There are loads of us on mat leave who do this by the way, I'm not a one off. I only did it as everyone else at work said it was the best way to get a good income every month!

Will try and find an old wage slip to send a snapshot of without giving myself away Grin

OP posts:
umberellaonesie · 04/03/2018 22:35

Sounds like rolled in holiday pay to me which is allowed.
As above you can be paid annual leave entitlement in a lump sum I stead of taking the time or have it rolled into your salary.
Lots of zero hour contract employers do this.

Original poster
WhyTheHeckMe · 04/03/2018 22:35

Really mynameisjune I didn't know that either. I did a few kit days monthly and still got my full smp allowance

OP posts:
Original poster
WhyTheHeckMe · 04/03/2018 22:36

Umbrella so what is it that would make this legal compared to what everyone else says? I hope you are right I really do :)

OP posts:
Nicketynac · 04/03/2018 22:36

And Google tells me I am wrong. You are only allowed to get paid INSTEAD of taking AL if you are leaving your job. I have obviously misunderstood my friends.

umberellaonesie · 04/03/2018 22:36

Although if that is the case it may be more beneficial to have the annual leave payments in your qualifying weeks upping your maternity payment.

OlennasWimple · 04/03/2018 22:40

How many months / weeks do you get at full pay on mat leave?

Original poster
WhyTheHeckMe · 04/03/2018 22:41

18 weeks full pay then on to smp thereafter

OP posts:
TheNecroscope · 04/03/2018 22:47

This was about the only thing I found that was unequivocal about it from the equalities and human rights commission. Everywhere else just says you can take holiday at the start or the end. You definitely shouldn't be receiving essentially double pay (maternity + holiday) for a day.

Is this legal - maternity pay and annual leave?
Nicketynac · 04/03/2018 22:49

MYnameisjune -this one I do know!
Working KIT days does not reduce your SMP - you should not get paid less than a normal week of mat pay. However, your employer has the right to deduct SMP and addional maternity pay from what they are paying you. So if you earn £200 for working a KIT day, then can offset your mat pay from that, and only pay you £200 in total, not £200 plus mat pay. Also SMP is a weekly payment not daily, so they can offset the full £141 and not £28 which you might expect. So if you earn less than £141 a day and do one KIT day, you may find that you have worked for free. (I worked for £7 in 2012, before tax, and I sent my son to nursery for the day, so in effect I paid to work a KIT day. I took out a grievance as our policy was so unclear, and now know an awful lot about it. HR was shit but payroll knew their stuff)
BUT your employer can be nice and pay you as much as they like, as long as it is not less than your usual mat pay or less than a days work. They can pay you for a full day even if you only, went to wor, for an hour.

Original poster
WhyTheHeckMe · 04/03/2018 22:50

Ohh great Sad so technically from month 5 last time I actually wasn't entitled to SMP!

OP posts:
Original poster
WhyTheHeckMe · 04/03/2018 23:02

Here's a wage slip from last time. Please tell me if you think this can be linked to me on here as I'm paranoid!

OP posts:
Original poster
WhyTheHeckMe · 04/03/2018 23:03

Here...

Is this legal - maternity pay and annual leave?
OP posts:
TittyGolightly · 04/03/2018 23:05

That’s payment in lieu of holiday.

Original poster
WhyTheHeckMe · 04/03/2018 23:08

Titty what's the difference?

OP posts:
TittyGolightly · 04/03/2018 23:10

You’re not classed as being on leave. They’re paying it instead of you taking it.

Original poster
WhyTheHeckMe · 04/03/2018 23:11

So is that allowed?

OP posts:
TittyGolightly · 04/03/2018 23:29

No!

Original poster
WhyTheHeckMe · 05/03/2018 12:03

Currently on hold to acas to see what they suggest. Really worried that if I bury my head in the sand the money may be taken back off me.
I'll update once I have spoken to them :)

OP posts:
Original poster
WhyTheHeckMe · 05/03/2018 12:33

Acas said definitely not correct what they've done but also said that the government wouldn't ever chase me for money back, if anything it would be the employer that could ask for it back but with it being their error she said it's unlikely they'd do that
She did say that you definitely cannot claim 2 types of leave at once.
Think I'm going to just keep quiet to be honest. I'm sure one day they'll realise...?!

OP posts:
MynameisJune · 05/03/2018 13:02

The government might not chase you for money but if they chase your employer then it’s possible that your employer could chase you. If they pay you extra wages then they are entitled to claim them back from you. So I’d be surprised if this wasn’t the same.

Original poster
WhyTheHeckMe · 05/03/2018 13:07

I told the acas lady that's what my concern is, but she seemed very sure that it would not be in their favour to do this because it's clearly their fault and not mine. She pretty much said if she were in my shoes she'd just not say anything if I'm happy with the set up. 2 years has passed since my last mat leave and they're still offering it so they can't say it was a one off that slipped through the net.
I do know what you mean and I'm still nervous but they're a very good employer with lots of benefits so I don't think they'd make me return it, especially as I have emails off our payroll team telling me I can book my 25 days whenever I want

OP posts:
MynameisJune · 05/03/2018 13:17

It might be their error but it doesn’t mean that they can’t claim it back from you. It’s a mistake when employers pay people extra salary but it doesn’t stop them from being able to claim it back. Personally I wouldn’t be able to live with the stress of knowing they could find out/realise etc. If they do a finance audit and you’re details are used as a sample say for mat leave processes then it could be found out. But if you’re happy not to say anything then don’t say anything.

Lovesagin · 05/03/2018 14:05

I don't want to worry you op but an audit by one of the big companies revealed that one of our staff members had been paid incorrectly for the previous 3 years and we (we the company,not me personally!) Were able to claw back the overpayment. They agreed a payment plan though.

In your case, as the money was yours anyway, just paid at the wrong time, I can't see them taking it back. I would draw their attention though to the issue, what they are doing is not right and could be construed as an attempt to make it 'attractive' for employees to not take their holidays when they should, for rest etc. You wouldn't be losing out in anyway, youd simply tag on your holidays on to the end of your leave.

You say it's a big company, I'm really shocked their HR hasn't realised what's going on.

OlennasWimple · 05/03/2018 15:13

I've been overpaid by my work through no fault of mine and have had to pay it back (through an agreed repayment plan, but still....)

Swipe left for the next trending thread