Bonuses whilst on maternity leave??

[Steph3007]

My employer introduced a 3 monthly performance related bonus system just before I went on maternity leave. I received one bonus just prior to mat leave and one more after that whilst on mat leave.
I have recently returned to work after a year and learned that the bonuses have still been being awarded. Should I have been entitled to these? I have spoken to ACAS who say this is a very complex part of employment law. Has anyone dealt with this before, I want to know all the facts before approaching my employer.

Thanks :)

Whether bonuses apply during maternity leave largely depends on whether they are contractual/part of your remuneration package (which a performance-related scheme normally would be), or genuinely discretionary, such as your employer deciding to give everyone a Christmas bonus of £250 or something. You shouldn't miss out on discretionary bonuses like that because of maternity leave, but bonuses which are part of your remuneration should be pro-rated, so that you receive them in proportion to the amount of time you are in work, just as you would salary.

So for example if you get a bonus as part of a performance-related scheme which depends on appraisal rating/sales made/whatever else, but you go on maternity leave half way through the year, you should get bonus relating to the first six months (plus the first two compulsory weeks of maternity leave), but wouldn't get any relating to the second six months.

I'm interested in your comment that you "learned that the bonuses have still been being awarded". But if the scheme was only introduced just before you went on leave, did you have any reason to think they wouldn't be still awarded? Did they advise you they had withdrawn the scheme or something?

At my company, we get annual bonuses. Mine accrued whilst I was on Ordinary Mat Leave (first 6 months) but then stopped accruing during Additional Mat Leave (additional 6 months) so my final bonus was prorated by 50%.

Anywhere I've worked bonuses have been part performance related and part based on company performance, but only the company performance % was awarded during ML

We're discussing this at my company at the moment as I'm going on ML in the autumn. Basically I think that if the bonus was for the period say Spring-Autumn and was given out in November then I'd get it. But if it was for Autumn-Spring next year and the work done during that period then I wouldn't (as I'd be on ML and not contributing to the company).

It was a long time ago, but I think mine was pro rata. For instance, we get a bonus in July every year. I went on Mat leave in August and returned in the May. So I had been in the office 4/5 months of that year (July to July). I got a 10% bonus of 2,000 (for example) they divided by 12 and mulitplied by 4.5 so I got 749.99. Does that make sense ?
I didn't receive a bonus for when I wasn't in the office.
TBH I wouldn't expect a bonus that if I hadn't earned it.

If I am reading your OP correctly, you received one bonus whilst on mat leave, but were you due it / earn it?

Thanks for all your comments :) much appreciated. I understand some comments re earning bonuses it's just quite disheartening when I have worked for the company for 10 years and always been a good, reliable member of staff and well basically waited sooo long for some kind of recognition and then it just so happens to be introduced just before I go on mat leave.
Flowery, I say I learned that bonuses where still being awarded....basically my manager said to colleagues in front of me that there was a bonus in this months pay and couldn't help but feel that she'd forgotten I was sat there and that she may have slipped up?? Could be wrong of course but that's just the feeling I got at the time. Also this bonus system was made out to be like a pilot reward scheme so I was never actually told that it was still running whilst I had been off.

It would be strange for it not to be clear whether there is a bonus scheme or not - if one is introduced the default would be it's still in place. Difficult to say without knowing the precise details of the scheme, but as I said above, if something forms part of your remuneration package, and is a (usually) individual amount based on individual performance, that would usually be something that is only owing relating to time spent at work - you are not earning it when off, just as you are not earning salary while off - it's the same.

If something is genuinely discretionary, so for example if the company had no bonus scheme, no performance related pay as such, but had an exceptionally good year and decided to just give everyone an unexpected one-off bonus, then you should get that.

You are entitled to all benefits while on maternity leave. If a bonus is performance related and you wouldn't get paid it if you were off sick or had poor performance then I don't think you are entitled to it while you are on maternity leave.