Contract confusion/Maternity Policy

[WalkOnBy]

Hello,

Can someone help me with this? Hoping so :)

My employer has agreed to top my salary up to my normal level for the time that I am off work and has told me he is basing this on me being off for 1 year. However given that SMP is only payable for 39 weeks do I need to change this clause in my contract:

"xxxx have agreed to augment your Statutory Maternity Pay. This will make the payment up to:

? 100% of your weekly basic salary, at the relevant rate of pay or SMP, whichever is the higher;

This is not a statutory requirement and will be subject to Income Tax and National Insurance. It is paid on the basis that you return to work at the end of your Maternity Leave.

If you decide not to return to your role at the end of your Maternity Leave, or you decide to leave your employment with xxxx within a certain period of time after your return, you agree to repay the following percentage of the net payment received over and above your Statutory Maternity Pay"

I think this basically says that they will top up my SMP which lasts only for 39 weeks rather than 52 weeks? Am I wrong? Or should I address this and add on "up to a maximum period of 52 weeks?

I'm so confused by it all - we didnt even have a written policy and I have tried to do one in accordance with what he's saying to me.....

Would be grateful if someone could tell me what's what!

Thanks x

Wow! I'm reading this as him saying that he'll top it up for 1 year. What an amazing offer!

Am a little confused - are you saying that you are writing your own contract?

if so, would suggest something like:

"we have agreed to augment your SMP to 100% of your weekly basic salary up to a maximum period of 52 weeks"

You don't need to change your contract, no.

If he wants this arrangement to be contractual he should amend it accordingly making it clear he will pay full pay to someone on maternity leave for a year.

Thanks for replying, appreciate it.

Basically what's happened is that as I am the only female employee there is no maternity policy in place and we have written a letter together (which I have written) laying out my statutory rights etc and also that he's agreed to pay me for a year.

I was just confused as I thought that looked like he had agreed to top up my SMP for the 39 weeks that was payable rather than paying me for 52 weeks if I decide to take that long.

I mean, either way its an amazing gesture and I am really pleased, but I didnt know whether I should address this with him.

Thanks x

Perhaps I'm Reading it wrong but "or smp whichever is higher" doesn't sound like they are augmenting your maternity pay.