Maternity policy - Can they change it?

[MrsRT]

Hi,

I am 8.5 weeks pregnant, and I work for a relatively small family ran company (I am not family, I am the manager of the company). I have not told the directors of the company yet that I am pregnant. My concern is, that when I do tell them, where do I stand if they change the maternity policy? At the moment, the policy is very good, but without me it is quite difficult to run the business. The directors can be pretty sneaky about things so this is really worrying me.

Any advise will be greatly appreciated, Thank you.

What is in your contract re maternity? They can change their policy whenever they like, but they can't change the t and c in your contract without your consent.

Policy as in offering enhanced maternity pay? They can't easily arbitrarily change it if it forms part of your terms and conditions. Enhanced maternity pay would usually be contractual.

It's pretty unusual for small businesses to offer enhanced maternity benefits so if the business owners are generous enough to want to do that in the first place, are they really mean enough to try and deny those benefits to a member of staff? Particularly a valued member of staff?

How much over and above statutory do they offer? Are there any terms and conditions set on that, eg having to return to work for a set period or anything?

It doesn't mention anything in my contract about maternity, it is a very basic contract. Does that mean I do not have a leg to stand on??

It is unusual for a small business to offer enchanced, which is why when they look at it when I tell them I am pg I think they will change it!

They offer 6 months fully paid, and then 6 months statatory. I will want to take the full 12 months if I can. But, I noticed that the manager before me only took 3 months maternity. That has confused me as surely you would take at least the 6 months??!

What does it say on your company's maternity policy document?

For example, mine specifically says "This policy does not form part of your contract of employment and can be amended at any time"

Does yours say anything like this?

If it says nothing, then does your employment contract say anything like "this contract also incorporates the company's policies" ?

Ok so this is where I got that I would be getting full pay (taken from Policy):

Any employee (on a permanent Contract) that has been working for ** For more than 9 months or 36 weeks are entitled to take up to 26 weeks (fully paid) of Ordinary Maternity Leave and up to 26 weeks of (Statutory Maternity Leave Paid through Government) Additional Maternity Leave at £112.75per week (from April 2007) or 90% of employees earnings, whichever is lowest.

Am I reading it correctly that I will get 6 months (ish) fully paid? (Starting to send myself mad!)

There is no mention that the policy does/does not form part of my contract, and there is nothing on my contract that says it incorporates the companies policies!

Hmm that's a bit weird as the govt will only pay statutory maternity pay during the first 39 weeks (and it used to be only the first 26 weeks, probably was when this policy was written) - whereas your policy reads as if it would be paid from week 26 to week 52.

But I agree with you that it does seem to indicate 26 weeks at full pay.

If there is no indication that it's part of your contract, then I suspect that means they can change it... but am not an employment lawyer.

Also just a note but stat mat pay is now higher than that. I agree that stat mat pay is only payable until 9 months. If I were in your shoes I would be assuming that I would just get the statutory amount and then anything else is a bonus.