Anyone in HR/Maternity Laws ...Q on leave rights, payrises and returning to OG job

[bulletproofcoffee]

Hi all,

I know I will ask my HR when I inform them of my pregnancy but I don't plan on doing that for at least 1 more month. I wondered if any of you could answer the following questions?

My plan: My company offer full CMP pay for 5 months , I plan to take this, along with my accrued annual leave, so I am off for 5 months CMP maternity + 4 weeks on SMP + 6 weeks accrued annual leave. Ideally from 1st Dec 2024 - Mid July 2025. Reason being is I want my OG job back, and I have read our company policy document which states if I take OML (up to 26 weeks) I can return to my OG job.

Q1: Is this OK? Does this mean I can return to OG job? I will be off for 30 weeks total ,but only 26 are OML. The other weeks are Annual leave?

Q2: I saw a clause in my maternity pack that says "Ordinary Maternity Leave (OML) All terms of your contract of employment will continue to apply and you’ll be entitled to receive all contractual benefits, except for those relating to
remuneration." Does this mean I am not entitled to any pay rises and bonuses? Is this legal? Bonuses and Payrises would be paid in April 2025, for performance in 2024 - I would be working 90% of that year so it seems unfair?

Thanks!

Hi Op,
HR Manager here 😀

In response to your question regarding returning to your original role, I do not see why this would not be allowed. I am assuming you would be returning on the same terms as before you went on mat leave?

Your question regarding bonuses and pay rises - bonuses are a tricky one, especially if they are based on attendance and/or performance and it can be a regularly disputed topic. The honest answer is it can be common practice to not receive a full bonus when on mat leave, unless you were obviously in the business for the period the bonus covers. Pay rises should still be given in the normal way, regardless of being on mat leave or not. Basically they cannot deny you a payrise just because you are on mat leave.

I hope that helps.

I was told I'd only get paid a bonus (which is based on company performance) for the time period I was in the business. So in your case your working 90% of the year so should receive 90% of the bonus amount. But it's definitely something companies can and do wriggle out of where possible and I felt I was only given the bonus because I asked before I left about it. I'd write down an email (always have everything in writing!) saying something like you assume you'll get XYZ and can they confirm you've understood that correctly. Either they'll say yes and then you've got it in writing, or they'll say no and you can ask them to explain what the policy is and the justification for it; let them figure out how to say they aren't going to pay you because you're on maternity leave without opening themselves to a discrimination case....

Thanks both. All bonuses at my level are personal so it would feel unfair given the work I am doing this year and won't go on mat until December. I was also on the belief they couldn't discriminate for pay rises but they way they have worked it make me think they are saying you won't be eligible? I don't want to be unfair but if I am there 90% of the year, and then returning 2 months after the pay rises it does seem unfair.

As you said, you are there doing the work so I can't see why they wouldn't give you the bonus because that would be unfair.
It's worth getting clarification from them on exactly what they mean so you have it in black and white, but they absolutely can't discriminate you being on maternity leave. Sometimes the wording of these policies can be confusing and cause unnecessary stress, so just ask them to elaborate so that you fully understand.