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Annual bonus and maternity leave

15 replies

TakingTheStairs · 02/02/2014 07:58

I have been working for the same company for almost four years. Every year I have been there my discretionary annual bonus has increased. (As has everyone else's bonus) The bonus figure is announced in January and relates to the previous calendar year.
I went on maternity leave at the beginning of November of last year so I wasn't in the office for two months of the the calendar yr.
My bosses called me last week to let me know my bonus figure for 2013. They told me that my bonus figure hadn't increased (pita but it's discretionary so I can't argue that I don't think) but then they also told me that they were reducing it pro rata to ten months worth as I had gone on maternity leave

Can they do this? To me it smacks of direct discrimination because I'm on maternity leave.
I know they will have asked their HR consultant (small company so no internal HR dept) who will have advised this, but he has previously given them outdated and incorrect information on other matters, so I don't trust his viewpoint.
I also plan on going back to work so don't want to make things awkward on my return if possible.

Thank you in advance for your help

OP posts:
FamiliesShareGerms · 02/02/2014 08:02

On what grounds would you normally receive your bonus?

vestandknickers · 02/02/2014 08:06

I suppose it depends on why you get your bonus. If it is in recognition of the work you have done, then it seems reasonable that you don't get it for the time when you weren't actually doing any work.

TakingTheStairs · 02/02/2014 08:07

That's an excellent question and has made me think, thanks Families. I'm an office mgr so it is not linked to sales or any specific output.

OP posts:
WanttoFindWorkLifeBalance · 02/02/2014 08:08

Hmmm - I work for a large company and our standard rule is that it would be pro rata'd in the same way as yours.

TakingTheStairs · 02/02/2014 08:09

I guess I'm annoyed because I know everyone else's bonuses increased this yr and I'm 100% sure if I was still in the office mine would have too, but obviously I can't prove this. So I feel like they haven't increased and then reduced it too.

OP posts:
TakingTheStairs · 02/02/2014 08:10

Ah, that's very interesting WantToFindWorkLifebalance

Thank you

OP posts:
Kneedeepinshittynappies · 02/02/2014 08:12

Not here, I got exactly the same as others both times. It's a shame that some companies seem to forget that you are coming back so treating you poorly isn't exactly good for a positive working attitude on your return.

snoggle · 02/02/2014 08:13

Yes ours is pro rated too, as bonus is directly linked to work done in a specific time period. I think that's fair enough.

headoverheels · 02/02/2014 08:15

Can you think of any comparable situation in the past, eg someone who was off sick for a period of several weeks? Is there a precedent within the company as to how this should impact on bonus?

FWIW the company I used to work for would also have pro rated the bonus.

TakingTheStairs · 02/02/2014 08:26

No comparable situation and I'm the first person the ever take maternity leave too so absolutely nothing to compare it too.
Judging by all the answers, pro rata seems to be standard.

In a side issue I haven't had my salary increased since 2011 (when I know everyone else in the office has) and they always say that they'll make up for it with the bonus and then they keep it the same and pro rata it.
It took 3 months to find someone with the same experience/skills level as me at my salary. Everyone they liked was looking for minimum 5k more Salary. My maternity cover is really lovely but they've told me on several occasions that she isn't quite up to scratch and are looking forward to my return. I guess I just feel like KneeDeep says, it doesn't make me feel any loyalty to them as they say I'm valued and they couldn't manage without me but don't seem to back that up financially.

OP posts:
MyNameIsKenAdams · 02/02/2014 08:31

Dont know of this helps....

www.workingmums.co.uk/advice-and-support/all/888103/bonuses-and-maternity-leave-ask-the-expert.thtml

TakingTheStairs · 02/02/2014 08:48

Thanks MyNameIs

OP posts:
C0smos · 02/02/2014 08:53

My bonus is based on a percentage of annual salary so it would be reduced based on the unpaid maternity leave. It wouldn't be fair for me to get a bonus for work that I didn't do.

I think the fact that it hasn't increased is separate and I would ask why not and check that no one else has had an increase as it would not be fair to penalise you twice.

GirlWithTheDirtyShirt · 02/02/2014 08:55

Interesting to hear we must be lucky - we receive bonus for the first 6 months of maternity leave. However, we can't increase it with performance multipliers.

rallytog1 · 02/02/2014 20:56

Agree with pp who says the issue may actually be why your bonus hasn't increased, when staff who haven't been on mat leave have had increases. That sounds like potential discrimination and it would be worth you taking legal advice on that.

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