Maternity Pay

[JoeyCF]

Hi,

I currently work for a small independent business, this is my 3rd year with the company. However, it has some serious downfalls, I don't get any sick pay or holiday pay, and the owner refuses to give me a written contract. When I've questioned the sick/holiday pay issue, she tells me due to the fact we're only a 2 person company, if she's paying for someone to cover me being off, she simply cannot afford to pay me also. I have taken this on the chin and dealt with this issue throughout my employment albeit not ideal.

Long story short, my partner and I have been discussing the prospect of starting to try for a baby towards the end of the year. If all is straightforward, and I fall pregnant, I am almost adamant if I request maternity leave (pay), I'll be told its not a possibility.

Since I've been with the company for 2 (and a bit) years, does anyone know what exactly I am entitled to? Also if I can't receive maternity pay through my current employer, is there any government schemes that help women in my situation? You probably think I'm mad, staying with this company, but I'd rather not start a new job if we are trying for a baby, as I won't be entitled to any maternity pay if I've only worked for a new employer for a short period of time. Any advice/ help would be greatly appreciated, Jo x

If you won’t grt statutory maternity pay then you will qualify for maternity allowance from the government. They can not dismiss you for being pregnant and if they tried, it would be classed as pregnancy discrimination.

You are entitled to holiday pay for a start. Illegal not to get it. You are also entitled to both maternity leave and pay. To get the pay your only need to have been working for 26 weeks by the time you are 25 weeks pregnant. The employer can claim back the majority of the maternity pay anyway so you wouldn't be costing them much.

She is entitled to maternity pay though

www.gov.uk/recover-statutory-payments

An employer can't just decide not to give you Statutory Maternity Pay. If you qualify you qualify. As long as you're working there for around 2 weeks before you get pregnant and earn more than £116 per week (I think, might be £145) then you'll qualify. They don't have to give you any additional or enhanced maternity pay though.

SMP is usually 90% of earnings for 6 weeks then £145 per week. Maternity allowance, which you qualify for if you can't get SMP but have worked for 26 weeks out of the 66 preceding your estimated due date, is £145 or 90% of.average earnings, whichever is lower. Both benefits are for 39 weeks. Additionally if you qualify for SMP you are entitled to 9 months off work and return to exactly the same role, or a year off work but returning to an equivalent role.

Op do you get payslips / is your employer operating paye? The holiday pay is illegal - even more so if it pushes you below minimum wage.

I don't think you're mad for staying with them as such, but I do think you're mad for not looking up your employment rights. Your employer is acting outside of the law, regardless of whether you have a paper contract or not.

You do have a contract. You have worked there for 3 years and through custom and practice (Google it) you have established terms and conditions. All employers must pay sick pay and holiday pay. Sick pay can be statutory (as minimum, if you are off for more than 3 days) or enhanced if they wish. Holiday pay should be paid at your usual daily rate.

You are entitled to statutory maternity pay. Your employer will be able to claim most of it (and possibly 103% in some cases) back from the government. SMP is 90% normal pay for 6 weeks and then approx £135/week for a further 33 weeks. You can take a further 3 months unpaid. If you weren't entitled (but remember you are), then you'd be entitled to statutory maternity allowance which is approx £135 for 39 weeks.

My advice is to put absolutely everything in writing when you want to tell them you are pregnant. Don't tell them that you plan to conceive and make sure you brush up on your rights. Maternity Action is a good place to start.

Ah yes you need to be earning more than 116/week as PP says - I'm ill and a bit slow today!

If your employer can't meet your basic rights then they're not a sustainable business. I work for an employer who only employs me and they've managed to meet my basic employment rights.

If she hasn't been paying your NI contributions then you won't get maternity allowance. OP this looks pretty bad- if I were you I'd leave ASAP and then pursue her for your holiday backpay. She owes you!!!
It all sounds extremely dodgy...