Maternity leave - my company are 10 years behind.

[TallyHoAndToodlePip]

Sorry for the long, upcoming post and also if I've posted this in the wrong section.

I currently work for a small but very lovely company. I've been looking at the employee handbook for their policy on maternity leave but it's literally 10 years out of date. I approached my boss about it and he said I was the first pregnant employee they've had since 2006 (I told you it was small company!). I asked if the policy will be updated so I know where I stand and we're all on the same page and he said it would get done but didn't know when. Things move at a slower than average pace around here so I'm not banking on it being done before my maternity leave starts in March... Also, we don't have a HR department as such.

Could this come back to bite me in anyway? I know where I stand legally in terms of what minimum maternity leave and money I'm entitled to but could they argue and try to give me the lesser, outdated amount stated in their 'current' policy? I don't think they would do that to me but I want to be sure I can argue the toss with them if it came to it.

Also, when I handed my MAT B1 form to my boss he asked if that was the form that made my pregnancy 'official'? I said it's been official for the last 23 weeks - that form just allows you to sort my maternity pay. He then asked me how much that was and what my company owner had agreed, but I've never been approached about it, or in fact, anything to do with my pregnancy. It's like they've been refusing to acknowledge it's happening. My burgeoning bump says otherwise!

What do I do? Can I force them to sort their policy out in good time and do some research of their own? Or am I well enough protected by law that I can just let them keep ignoring it and let them worry about their responsibilities to me once I've gone on my leave?

Assuming they would offer Max the same as statutory I wouldn't worry too much. They can't give you less.

So are you expecting to get the SMP rates set by the government (90% for the first six weeks and then a flat rate for the following 33)? But the company handbook states an amount which is lower than this?

Could you send an email to your boss with a link to the relevant gov.uk page, stating that you've discussed and confirmed that these are the amounts you'll be paid, in line with current legislation, and ask him to respond?

Policy can't be lower than stat minimum so that's the worst you'll get

So are you expecting to get the SMP rates set by the government (90% for the first six weeks and then a flat rate for the following 33)? But the company handbook states an amount which is lower than this?

I'm expecting that yes, but their handbook currently says '90% for the first six weeks and then a flat rate for the following 20, followed by 26 weeks unpaid'.

If they legally can't give me less then that's comforting to know. I think i'll go with the suggestion of emailing him too though with the gov.uk page just so I have something in writing. That would help me sleep better at night I think!

SMP is regulated by the government so regardless of the company policy, they can't dictate what SMP your entitled to what they do have control over is whether or not they offer what's called "enhanced maternity pay" which some companies offer as a "benefit" if you've worked there for a while, but not all companies do offer this and it's not a legal requirement.

If you: earn on average at least £112 a week, have given the correct notice (you have), I've proof you're pregnant (MAT-B1, which you have) and have worked for your employer continuously for 26 weeks up to the 15th week before your expected due date (a really complicated way of saying, you need to have worked for them before you got pregnant or since the day of conception) then you're entitled to SMP.

What your employer then needs to do is confirm the how much SMP you will be paid, the date it will start and the date it will stop. It's assumed that the mother will take 12 months maternity leave (although you can take less they should assume you're taking the year). I'm not entirely sure whether or not you get a full 52 weeks of SMP even if you do take the year as I am only entitled to MA and get paid that for 39 weeks, even if I don't return to work until after that.

If you're company tells you that you're not entitled to SMP from them, your employer needs to issue you with an SMP-1 form explaining why that is. There are tick boxes on the form and unless they have a concrete reason not to pay you, they can't refuse. If they do have a reason, you need that SMP-1 form to claim Maternity Allowance which you will be entitled to as this is something you need to provide when applying. It's worth noting that you need to be 26 weeks to send off the MA claim form and you should do it ASAP after that to ensure you get paid on time.

If they pay you SMP, they can't pay you less than the statutory amount.

Your statutory amount is calculated as follows:
• 90% of your average weekly earnings (before tax) for the first 6 weeks
• £139.58 or 90% of your average weekly earnings (whichever is lower) for the next 33 weeks

For any other help, have a look at the gov.uk website or talk to citizens advice. Good luck!

Thank you very much everyone for all your help and advice Knowing i'll definitely get the legal minimum is good enough for me because I wasn't expecting any bonus payments.

Beccii I will get them to confirm exactly what I'll be paid and over what dates. Thanks also for your thorough reply!

Perhaps they'd like to re-negotiate the policy? Doesn't sound like they want to pay more than the minimum though. Do you intend to return after mL?

Is your payroll processed by a 3rd party or in-house?
I work for a payroll provider and we do loads of 'little payrolls' where the employer has no idea how to deal with stuff like materniry pay. If your boss outsources his payroll he will just leave it to them to ensure you're paid correctly

Convincing I do intend to return to work, full time as per my normal hours. Hopefully that'll pan out.

Unicorn I think our payroll is outsourced? I don't recall anyone ever sorting it at the office. That sounds promising!

If it makes you feel any better I work for Poundland and even they have messed me about. Left 2 weeks ago and didn't get any pay this week

If your payroll is outsources then your manager needs to let them know your intended date for maternity leave. The payroll company will then sort everything out.

I also work for a very small company who weren't terribly helpful. Fortunately the payroll company knew what they were doing!