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Should my car allowance stop during AML?

16 replies

HarrietJones · 04/04/2011 09:12

They've not paid it at all For march & I went on to AML on the 20th

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flowery · 04/04/2011 09:53

You are entitled to contractual benefits during maternity leave, not remuneration. Whether a car allowance is seen as a benefit or part of your remuneration is slightly debatable, however the key point for you is that there is no difference between Ordinary and Additional Maternity Leave when it comes to benefits.

The only difference now is about the job you have the right to return to, but you are entitled to all your contractual benefits throughout both sets of leave. So if your employer paid it to you during OML they obviously consider it a contractual benefit not remuneration so you should ask why it's been stopped.

HarrietJones · 04/04/2011 10:15

Thanks,Payslip was v confusing so just been onto payroll & they looked at my payslip & said they'd phone me back. They phoned back to say they need a few days to do calculations Hmm

Work is getting me v stressed considering I'm not there!

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HarrietJones · 04/04/2011 13:26

Had this response, does it sound right? Nothing in the mat policy referring to car allowance(lump sum). I've been paid since Srptember.

The lump sum amount has been adjusted because your entitlement during your maternity leave is full payment for the current month plus 3 months full payment and 3 months half. Full payment was made in January and February so half payment has been deducted in March.

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flowery · 04/04/2011 21:33

Sounds like they've made it up as they're going along. What does the maternity policy say about contractual benefits in general during maternity leave?

Acekicker · 04/04/2011 22:00

It's a long time since I was on ML and had a car allowance, but don't they have to treat the allowance the same way as if you had an actual car from them? I know that my place did that and because they didn't take the car back from you part way through ML, they also didn't cut the cash for those of us who took the money instead... If you know anyone who was on ML and had a car then it might help if you can find out what happened to them perhaps?

HarrietJones · 05/04/2011 06:47

No one gets a car. The allowance is for compulsory car users but is being cut later in the year. I've queried the maternity policy bit with HR & they have passed it to travel.

If they hadn't paid it originally I wouldn't have queried it but paying part didn't seem right.

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HarrietJones · 05/04/2011 07:37

Flowery-Nothing specifically about contractual benefits ( but afaik this is the only one) there is sections on health & safety , pay, leave KIT etc& links to other policies but nothing about transport or any links to transport policies.

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flowery · 05/04/2011 09:55

Many employers would certainly count it as part of your remuneration and therefore not pay it - it's not a non-cash benefit in the way that a car is. Some would err on the side of caution and pay it, particularly where some have an actual car and some have an allowance as in Acekicker's case.

The problem is the lack of consistency as you say. Either it's remuneration in which case you are not entitled to it at all, or it's a contractual benefit they do not consider to be remuneration in which case you are entitled to it throughout.

They could elect to pay you enhanced maternity pay instead as an explanation for where the money thus far has come from.

HarrietJones · 05/04/2011 10:04

So basically there should be a policy & consistency? And there doesn't seem to be in my case?( getting familier)

I will see what they come back with from transport but might have to come back to you.

Thanks!

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RamblingRosa · 05/04/2011 10:08

I had this issue (but with an Oyster card that my employer paid for). My understanding was that all contractual benefits had to be paid during mat leave. I even had a solicitor friend argue the toss with my employer but in the end they dug their heels in and I felt it wasn't worth creating lots of stress for myself by entering into a major battle on that particular issue when I was about to go on mat leave and just wanted everything to be stress-free.

selby · 05/04/2011 10:59

I have held 3 positions with car allowances and it was definitely a contractual benefit for me each time. I was paid it in full throughout my year's ML which was an unexpected bonus since I didn't realise it before commencing ML).

Normally. it doesn't form part of your base pay/remuneration since neither pay increments or pension contributions are calculated based on car allowances (well, not in my experience anyway).

HarrietJones · 05/04/2011 11:10

I didn't expect it to either.

Mine is currently paid as a lump sum but it is going to be replaced by slightly higher( 3p) milage.

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EssexGurl · 05/04/2011 13:55

My company paid car allowance during the whole of maternity leave when I was off with DS. When I went back to work they rolled it into salary so I didn't get it with DD. Boo hiss!

selby · 05/04/2011 14:07

My car allowance each time was itemised separately on my salary slip and I basically had an annual allowance which was paid monthly alongside my base salary (which must be a standard way of doing it since that occurred in all 3 different companies that I worked for). Unless, your contract terms and conditions state differently, you are entitled to all your contractual benefits in full during your ML. My contract terms and conditions explicitly stated my car allowance as a contractual benefit which obviously made it clear in my case. I also kept my laptop so that I could keep abreast with company news during my year off. HTH.

HarrietJones · 08/04/2011 08:40

It was passed to HR as travel didn't know anything. No response yet, not even to say they've recieved the email.

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HarrietJones · 13/04/2011 16:04

Still not heard anything. Have emailed travel again to ask for HR contact.

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