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Original poster

Big change to maternity leave policy

23 replies

wehappyfew · 06/01/2011 12:13

I do hope someone can help me find out if what my company is doing is 100% legal?
I am currently 22 weeks pregnant and I informed my employer I was pregnant at 12 weeks. I have just had a chat with HR regarding maternity leave and they told me they are in the process of changing the policy to 6 months paid to the statutory level of 6 weeks! Shock This is for all babies born after 1st April? I'm due in May.

I wonder if anyone has any knowledge of employment law and whether they are allowed to change a benefit when I am already committed i.e. I have to have this baby.
I am very lucky that my partner can support us however I know one girl who will not be able to afford to have more than 2 months with her newborn. It's disgusting!

Anyway, rant over and I do hope someone can shed light on the legal and also moral position.

OP posts:
Lizcat · 06/01/2011 12:58

Sorry just looking for some clarification here are you talking about them previously having an enhanced package of pay? and are they now switching to the 6 weeks at 90% of pay and then only SMP after that?
Or are you not in the UK?

Original poster
wehappyfew · 06/01/2011 13:58

Yes i am in the UK! They previously had enhanced pay - 8 weeks full pay and 18 weeks half pay. They are now moving to 6 weeks at 90% and SNP as you said...

OP posts:
Original poster
wehappyfew · 06/01/2011 13:59

Sorry SMP!

OP posts:
mollymole · 06/01/2011 14:32

they only have to pay you SMP and no more (if a company wants to pay more it is up to them but they cannot be forced to pay more)
why do you think that you should be paid when you are not working - who will do your work whilst you are off - i know it sounds very harsh but if you cannot afford the time off you cannot afford the child -

Original poster
wehappyfew · 06/01/2011 14:38

mollymole I understand what you are saying. However when I got pregnant the company policy was 6 months of pay. If it had been statutory I would not have got pregnant (or more to the point I would have moved to a more family friendly company). They are changing this policy after I have informed them I am pregnant and it seems unfair to move the goalposts like that.

OP posts:
MamaVoo · 06/01/2011 14:43

I can see how it seems unfair if you were relying on the extra money, but they are not obligated to give anything more than SMP. I imagine a lot of companies will be cutting down on perks such as enhanced maternity pay in order to survive.

ilovemydogandMrObama · 06/01/2011 14:49

The point is whether an employer can withdraw a benefit once conferred without giving notice, not whether they are entitled to only pay SMP. Did you give them the MAT B1 form informing them officially of your pregnancy and then they replied outlining the terms and conditions of such leave including your entitlement to enhanced maternity pay?

Original poster
wehappyfew · 06/01/2011 15:03

I have only just received my MATB1 form. However they have not officially announced the policy yet. HR just gave me a heads up... I am having the official meeting confirming my date of maternity leave next week. I assume i will get T&C then?? The old maternity policy was up on the internal website until this week where it has been replaced with a holding notice...

OP posts:
beanlet · 06/01/2011 15:05

How big is your company? If it's relatively small, and there are only a couple of you currently pregnant, you could take it personally. . .

ilovemydogandMrObama · 06/01/2011 15:12

If I were you, I would immediately hand route to HR the MAT B1 form and get them to sign something as the dates may be relevant later. Maybe just write a note saying something like, 'here's my MAT B1 following recent discussions and giving official notification of my pregnancy although did inform (name) at 12 weeks...'

And then at the bottom, put, 'received MAT B1' and the name of the HR person and ask them to sign. Be sure and date it.

Believe me, a lot of MAT B1 forms go missing.

Also print off what the web site is saying now...

Original poster
wehappyfew · 06/01/2011 15:24

Thanks Ilove my dog I will ensure I get dates and times for handing over the form. I work for a large multinational beanlet so this is certainly not a personal thing but only a few of us in the UK will be affected.

My main issue here,as ilovemydog said,is that they have changed this after I told them I m pregnant, it seems wrong somehow? Especially for those who are absolutely relying on the money.

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beanlet · 06/01/2011 15:27

It absolutely does go wrong. Is the old maternity policy in your contract?

WilfShelf · 06/01/2011 15:28

Are you in a Union? They should be able to help. If not, why not?

beanlet · 06/01/2011 15:28

sound, not go. sigh!

rocketleaf · 06/01/2011 15:34

It is probably a company wide policy and just a coincidence that it is happening in between you telling them your are pregnant and you going on mat leave. At the end of the day if it a a huge company there is always going to be someone who is pregnant and they have to change at some point.

I would take a look at your contract and see if there is anything in it that mentioned the Mat policy. If it tells you your entitlement in your contract and you haven't signed a new one you might have a leg to stand on but otherwise I don't think there's much you can do. It might not seem fair but its not illegal as it was a perk in the first place.

Would it REALLY have made you move jobs or rethink your pregnancy if they had never offered it? I am not criticizing just intrigued. I am coming from the position of a self employed person who would see 90% for 6 weeks as a huge benefit!

Honeydragon · 06/01/2011 15:34

Its not fair, but my company did the same upsetting quite a few people. However, I completely understood their reasoning as they had developed an attitude of pregnancy for the perk kind of thing. Not saying you did that Grin. Instead of it being an incentive to return, it ended up an incentive to leave. we were losing staff who decided not to return and then contested paying back the maternity pay.

Try your luck with good grace and definitely get your matb1 in asap!

Original poster
wehappyfew · 06/01/2011 15:36

No its not in my contract and we do not have a union. I wish we did, it would mean they have to justify decisions on factors other than money! Do they even exisit in private sector companies these days?

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Original poster
wehappyfew · 06/01/2011 15:46

rocketleaf I have to be honest but part of my reason for staying at this job was due to the great maternity policy. I was recently offered a great role in a small company and I specifically said no due to the maternity pay. At this stage in my life front and centre in my mind is my ability to stay with my baby for a year. I am kicking myself now!!

When you have great benefits it makes you feel good about working somewhere and you feel valued. I am reasonably senior and have always worked in companies that have a great maternity policy, it is how they attract and keep senior women. I truly believe that flexible/fair/family friendly policies mean that they keep their female talent after kids.

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rocketleaf · 06/01/2011 16:16

wehappy I can see why it stings now then!! That's really unfortunate. But I can also see why they have set the cut off at 1st april tho, being the new financial year. I think the advice to get the forms in asap are good, I guess the only thing you can do it talk to them and see if they will honour the policy in your case.

One of the reasons I never want to work for a big corporation again is that I am very very aware that when the chips are down they will not hesitate to stitch people up if it suits them. Benefits (and salaries to an extent) lull people into a false sense of security when really there is none and companies will change the rules whenever it suits them if it's legal. Sorry I hope that doesn't sound sanctimonious, its just i have had my fingers burnt and seen it happen too many times to others.

On a more positive note: congratulations on your pregnancy! You are 2 weeks ahead of me :o I really hope this aspect doesn't over shadow your joy too much!

Original poster
wehappyfew · 06/01/2011 16:24

Very wise rocketleaf I have been a bit of a corporate whore and put money first.
This def does not overshadow my joy - i am beyond excited Grin Hasve you felt it move yet? It is so wonderful once that starts happening, I am really falling in love!

OP posts:
beanlet · 06/01/2011 16:27

Oh yes, absolutely. And when push comes to shove, the public sector is no better than the private. The most important life lesson I've learned since starting my career in universities is this: that institutions will never love you back. And that they will seek to flatter you and then exploit you if they possibly can, and it's best you know that at the outset so you can use them to your advantage back.

Awful. But it's how it is.

RibenaBerry · 06/01/2011 17:07

Do you have the old policy? Most will say that the enhanced maternity pay is discretionary and can be changed at any time. The wording of what the old policy said is really quite important to what they can do and how quickly.

rocketleaf · 06/01/2011 17:11

yes wehappy lots of flutterings, getting stronger and more frequent daily. its a really lovely and amazing feeling! I have my 20 week scan on monday too so that's all very exciting! :o

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