Maternity pay question.....

[cheeseandmushroomtoastie]

Not sure if this is the right area but am posting here to get an answer quicker!

Am pregnant with dc2, after dc1 I went back to work 3 full days a week with a few to going to 4 days around June time i.e. now. However due to child care issues, this will be quite difficult in the next few months.

However looking ahead to maternity pay, ia this based on final salary or is it based on your salary at a point in time? I remember a colleague who was also pregnant with me last time around telling me it was based on your pay at 16 weeks pregnant. Our firm have just changed their website and it doesn't state the actual policy anymore just what you need to do in terms of mat1 form etc. I dont want to do for a copy of it as its early days and don't want to let the cat our of the bag!

Just wondered if anyone knew what the rules were - knowing my luck I would start doing 4 days a week too late.

Hope this post actually makes sense

As I understand it's based on your pay in your 15th week of pregnancy.

Hi - its calculated by way of the "relevant period". This is the 15th week on or before your estimated week of confinement. This will be worked out by your employer by way of your MAT1B form.

Basically it will be calculated with reference to what you were earning on or around the 25 week of your pregnancy or when you are around 6 months.

This calculation is for statutory maternity pay. If you think you are entitled to contractual (enhanced pay given at the discretion of your employer), you should check their mat policy for calculation dates etc.

I thought it was calculated over an eight week pay period starting from 15 weeks approx. Should be on the direct gov website.

Yes - mcbaby. Sorry, that was unclear.

the relevant period ends with the last normal pay day on or before the end of the Qualifying Week and begins after the last normal payday at least. Therefore, to find the relevant period:

• Take the last normal payday on or before the end of the Qualifying Week. That normal payday is the last day of the relevant period.

• Count back 8 weeks from that day.

• Take the last normal payday before that date. The day after that payday is the first day of the relevant period.

Therefore, if during this 8 week relevant period, you then worked reduced hours, and thus received reduced pay, this will result in you receiving less statutory maternity pay. alternatively, if you get the chance of overtime etc that boosts you pay.

Basically if you look at your last two pay slips before the qualifying week.

Rules are slightly different if you are weekly paid.

Actually my first post was totally unclear as it didn't mention how the relevant period was calculated and it looked like it was the qualifying week only.

Sorry all!

I thought it was 8 weeks before due date that the value was calculated? if it IS week 15 and the previous 8 weeks pay then since my 15th week was 4 weeks after my annual bonus was paid, does this mean my bonus will be taken into calculations?!

Sorry to hijack but quick question, I'm due a pay rise from either 1st Sept or 1st October backdated to 1st April, my mat leave starts 1st July, will I actually be entitled to any additional money or will it get lost as I'll be on mat leave by then, I get 12 weeks enhanced mat pay after first 6 weeks at 90%. Thanks

The relevant period for calculating earnings for the purpose of smp is set out per my second post. It's an 8 week period which ends at around the end of week 25 and starts 8 weeks prior so starts at around week 18.

It might help if I set out an actual example. I'm pregnant and my first dc is due on 22 November.

The period that my employer will look at for calculating smp is Sunday, June 17, 2012 to Saturday, August 11, 2012 as that is the reference period for me. Sat August 11 is 15 weeks before my estimated week of confinement.

This calculator is good for working the period out calculator

In terms of pay rises, if your employer awards a pay rise that is effective at any time from the start of the period used to calculate your SMP (the period set out above) and the end of your maternity leave, your employer must re-calculate your stat maternity pay

Your employer must also re-calculate SMP if you are awarded a pay rise with an effective date before (but not after) the start of the set period but the earnings used in the stat maternity pay calculation did not reflect that pay rise.

In terms of bonus, it should be included. However, some employers do try and get round this by trying to argue that the bonus should not be included as it is discretionary rather than contractual and therefore doesn't form part of average weekly earnings. It would be worth looking at the bonus policy to see if that specific exclusion is stated or not. If not, hopefully it will be included.

Thanks so much for that shiny, made it all clear!

No probs -pickle. Apologies all again for the first post which wasn't clear at all an missed out how to calculate the 8 week period!

Thanks for all your replies. That link to the website is fab.... Did have to read the thread a couple of times to get my head around it...