KIT days & pay

[nymphadora]

Asked whether I would be paid & was told that they only pay if you are on unpaid leave as otherwise you are getting paid twice. I have already done two days to attend consultation meetings (restructure/ redundancies) and another next week.

I was planning to return at the end of 9 months mat leave at the end of June so was planning to do a couple of days prior to that to attend team meetings & at half term when it's a v busy time. if I'm not getting paid I'd rather not do this.
What should I do regarding consolation stuff?

Also I'm at risk & was told they've now moved the deadline from April to competitive interviews in May and I don't know if I will still have the same protection by then? We are losing approx 1/3 posts at my level. Will I have to have an interview? I'm bothered that after so long put of the loop(off sick /AL/mat leave most of the time from may 2010) I'm not going to be performing at my best & therefore

Sorry on my phone & lost place!

And therefore not get a/my post

As I understand it, you should get your normal daily rate for a KIT day - so if you're on full paid leave then you wouldn't get anything extra. If you're on SMP, MA or unpaid then they should make up the difference to your usual daily rate. It's worth having a look at your company's maternity leave policy if they have one.

Just on SMP. Can't access the policy as it's on the intranet but got this info from the union so they were going to look for it for me.

1. Payment for KIT days: You need to get hold of your employer's Maternity Policy from HR. This may tell you what the rate of pay is for KIT days e.g. mine said paid at employee's usual rate so referred me back to my employment contract - if it doesn't then you reply on your employment contract which gives your salary. KIT days are paid in addition to any Statutory Maternity Pay (which the employer is recouping from HMRC). In short Employers are talking rubbish and you are entitled to be paid for KIT days although at what rate is referenced either to Mat Policy, employment contract or discretion. As they have not explicitly told you otherwise you push for employment contract/usual rate of pay to apply.

1. When is your last date of return from Mat leave? (I think it is 1 year + 1 day from date of birth) - if it is after interviews you are still on maternity leave an are entitled to be automatically offered a suitable alternative vacancy without having to apply. In order to pre-empt them and (nicely) assert your rights now I would draft a letter stating that you understand you have been identified as being at risk of redundancy and that interviews will be taking place. However, in order to assist them with offering you a suitable alternative vacancy (as they are required to do under reg 10 Maternity & Parental Leave regulations 1999 ) you enclose a copy of your CV (and any other supporting documentation you can add - e.g. performance appraisals/job description)

qn. 7 onwards here www.burges-salmon.com/.../Redundancy_pitfalls_the_maternity_question.pdf is useful

As to whether a vacancy is a S.A.V:

The work to be done must be both suitable in relation to the employee and appropriate for her to do in the circumstances (regulation 10(3)(a)).

The provisions as to the capacity and place in which she is to be employed, and the other terms and conditions must not be substantially less favourable than those of her previous contract (regulation 10(3)(b)).

so you could reasonably expect same pay, same skills, knowledge and experience required, same grading, same geographical location (if changed same or reasonable travelling distance from home)

Try and ring around some of the free advice lines - here www.communitylegaladvice.org.uk/gateway/employment.jsp?rid=7649 and also here www.discriminationlaw.org.uk/advice/advice

I think you need to come at this from a position of knowing what your legal rights are - while HR can have plenty of nice people they are ultimately working for the employer so you are going to have do some digging and assert yourself now in the hope of not having to later

HTH

Thanks . Boss is already aware of my rights as I sent an email with it & she visited me yesterday mentioned that she had consulted her boss over it & now forwarded it on. She is at risk too & interviewed before me so potentially gone by then.

My post is ringfenced for new post so def equivalent

'otherwise you are getting paid twice'? Only if they choose to do that! Most employers make up SMP to full pay for the KIT days so you would only be getting paid 'twice' if they elected to do that.

You are not entitled to be paid at all strictly, however you are entitled to refuse to do KIT days if they don't pay you (or for any other reason). Your legal entitlement is that if you get paid for up to 10 days during your paid mat leave, you are not penalised by losing your SMP for that week, as you used to be.

In terms of the extra protection as has been discussed on your previous threads, it applies if your job would end during maternity leave. So selection for a new structure that takes place after you've returned wouldn't count for those purposes. What you need to know is when the new posts take effect.

New posts start from September now. so after I return although don't have to before end of September if I could really stretch finances!!!

I'm getting v confused over dates etc & all v vague & ever changing. Was supposed to be April bu they've ran out of time.