HR Maternity Pay Help??

[EL332]

I've got my MatB 1 form to collect on Monday and I've just been reading through my works maternity policy and I am 4 days away from qualifying for my company's occupational maternity pay.

Does anyone have any experience of their workplace having some lenience with this?

I want to present my argument for my entitlement and could use any help or tips from anyone who has had a similar situation or who works in HR and makes these decisions...

I just don't know if the decision is made with some discretion and whether there is any flexibility???

Thank you for anyone who takes the time to help me 💕

I work in HR and there wouldn't be wiggle room in my organisation I'm afraid. The line has to be drawn somewhere so we don't move it, even if 1 day out.

You will qualify for statutory pay, but not the occupational.

Just hand it in when you get it, explain they've only just given it to you and hope for the best. They may or may not care. My company requires that you inform HR of the date you intend to go on maternity leave 15 weeks before your due date but did not have a date for the mat b1, only that they needed it. Have you already told them when you intend to go? It is down to the company ultimately, if you didn't read the policy soon enough they are not contractually obliged to pay the extra so it's entirely at their discretion.

@Pittcuecothecookbook @Havetothink thank you both - the issue is that I have to have been with the company for a year 11 weeks before my expected due date so I'll just have to wait and see what they say

Argh 4 days! How annoying! What's the policy on if the baby arrives more than 4 days late?

I really don't know @surreygirl1987 - it's just based on expected week of delivery?

It's so frustrating ...

I really don't know how this will play out...

Is it definitely expected week of childbirth (ewc), or the expected due date (edd), according to the policy? Might buy you a few days.

Can you confirm your start date, ewc and edd and I'll double check your working? If you've got the policy can you add that too?

haveto - this is about qualifying for entitlements rather than dates to hand in any forms. Agree, you normally get wiggle room on those!

@Pittcuecothecookbook how shall I send you the policy?

If you haven't got the form yet ask the midwife to nudge the date by a few days, worst she can do is say no.

My EDD is 5/12/2018

My EWC is 2/12/2018

My start date was 25/09/2017

The wording in the policy is

OMP will only be paid by the County Council if you have at least one year’s continuous service (with the County Council or other recognised public sector employers) at the beginning of the 11th week before the EWC.

@Pittcuecothecookbook thank you for your help

I've also attached the application form we are to use to apply for maternity pay.

To add to this I also worked for the company from Jan 2016 - Jan 2017 but this isn't continuous employment

Sorry think I've misunderstood

Is there any chance you could have a private scan which might delay your due date by a few days?

The final date is decided at the 12 week scan so that's what goes on the Mat B 1 - I told the midwife my situation and she said to just see what the company say... I didn't want to ask her to change it outright as I thought if it was something she could do then she probably would have offered...

Sorry wouldn’t be any wiggle room where I have worked, but are you calculating on the exact date or week? Could make a difference.
Such a shame, bet HR won’t budge (as it’s all about being consistent and fair to all) and having the baby late wouldn’t have an impact as dates are calculated from your due date

Just try and see what they will say, if you know of any cases where they have been lenient before that’s your best chance

@roropops78 I really don't know if I'll be able to sort it.. it's about having a year of service and although I fall a few days short I did work for them for a year just from jan 2016 - jan 2017 so I'm not sure whether I can persuade them to use that date?

11 weeks before takes you to 16th Sept, so you need a years service by then. That means you're 9 days short.

The wording also specifies 'continuous' service so again, unlikely your previous service will count.

Really feel for you - very annoying

That's the bit that confused me as it's 11 weeks before the expected week of childbirth (EWC) which it would need to be the 9th December I think... but my EWC is the 2/12/18 but then I don't know whether the date I started will also be rounded to the week or not... it's messing up my brain...

I think I just need to have a discussion with someone from HR and see where I am, then possibly seek some more advice depending on the outcome...

Think of it this way: 11 weeks and need before your ewc (which is 16th Sept), you me d to have 365 days' service. You only 356 days.

Still worth an ask though, you never know. Some hr teams are less professional then others and might work outside the policy

@Pittcuecothecookbook I worth for the local authority so have a feeling I may not get any flexibility 😔

A friend had this. She was also a local authority employee. She was due a month or so before the OMP should have kicked in... her manager used her discretion when making the request to HR on her behalf, and she was awarded the full entitlement.

@Pommes ❤️ this is the news I wanted 🙂 I think my manager will support me so I'm just going to remain hopeful