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Maternity leave/pay issues

14 replies

FirstTimeBumps · 29/10/2018 17:35

Been advised to copy this here from the pregnancy forum, it's long, I apologise in advance:

Not entirely sure if I'm here for some advice or just a general rant. I'm due early January and put my maternity leave notice in with my employer on August 23rd (date I had to inform them (latest date to claim leave) by was 22nd September) so even gave them extra time. Due to go off on leave week commencing December 3rd. I'm taking 32 weeks maternity leave & pay, and converting a further 7 weeks into shared parental leave for my partner to take (2 weeks following on from his paternity followed by 5 weeks when I return to work in July). Had to update calculations and sent them across on 29th August due to working additional hours in my qualifying period which ended that day.

Left it until September 16th before emailing our accounts (we don't have a HR department) asking if there was an update and this was then followed by back and forth e-mails requesting updates for the remainder of that week which accumulated in contact on the Friday 21st September telling me incorrectly that I couldn't be on maternity leave at the same time my partner was on Shared Parental Leave (this was the care prior to 2015, I'd done my research foreseeing that there would be problems). Accounts then contacted HMRC to be told that I was correct and we could be on leave at the same time, followed by a telephone call where I had to walk through the whole HMRC online calculator as the accountant was selecting things such as there being 3 paydays not 2, which was completely messing up the calculations. Eventually settled on everything that Friday evening and asked for it in e-mail/writing to confirm everything was fine.

Heard nothing, e-mailed again on 10th October to be told that our payroll was not being outsourced to another company who would then be dealing with it. Thinking to myself great now I'm going to have to do the back and forth with them over it. Contacted management who told me to contact the accountant who had just told me she wasn't dealing with it any more. Then eventually got some info and a we're having a meeting about it end of the week. Following week (15th) contacted again to be told they were having a meeting that Wednesday (17th), contacted again on the 18th to be told they hadn't had the meeting yet so asked when exactly it was I would be looking at receiving confirmation and was again told next week. Contacted again on the 25th last Thursday and was pretty much told it should be sorted by end of the week. Left it until today as another manager had told me that the woman who was dealing with it in this external accountants was off on the Friday.

And here I am today... still with no answer. Told by one manager today that the other manager had an update then told by the other manager that no, she would contact me when she had an update. Then I'm told today to allow the accountants company time to sort it out, that they are aware that I am chasing it, that (again) it will be sorted this week, that having to outsource payroll has put them behind a bit (this should have been sorted way before the outsourcing took place) and as usual "its all in hand".

Has anyone been in a similar situation. I've phoned ACAS and all they can suggest is I put it in writing again and finish the e-mail off with "if you have any questions please contact me within the next 14 days otherwise I will assume all is well" but now I don't even know whether that will give them free-reign to take even longer to respond when they've said (and I'm probably still being gullible for believe them) that it will be sorted "this week".

I've told management they're leaving me in a position where I have no idea where I am financially when I'm off on maternity leave and that is stressful enough without the added concern that this accountant will come back with the same crap the in house accountant did about not being able to do shared parental leave. In addition I would really rather ensure I am left on maternity and I can foresee them putting us both on shared parental leave which comes with less workplace rights as maternity.

I feel like I'm banging my head on a brick wall, don't know what to do. I've been in tears twice today due to the stress of it and feeling fobbed off. I'm just glad I'm not on my own otherwise I'd be in an even worse position not knowing if I could cover my rent and bills and I'm further upset that my employers think that leaving someone in this position financially, regardless is acceptable.

Sorry for the long winded rant, any advice would be appreciated x

OP posts:
dementedpixie · 29/10/2018 18:45

www.maternityaction.org.uk wonder if the above could help too

mintyfresh00 · 29/10/2018 18:57

I had a similar situation, Informed work at 9 weeks pregnant... literally about 100 emails back and forth to work (kept being bounced between HR and payroll- but can't actually talk to payroll directly) and first payday of Mat leave came and went with £0 being paid to me. The next 3 months (after MANY phone calls and emails) were the incorrect pay, before things finally got sorted.

About 2 months into mat leave I asked the people who I was dealing with for their managers details and sent a very long/detailed complaint email. Everything was sorted within about 2 weeks of this- the obviously kicked everyone up the arse.

The disgusting thing is, is that if I hadn't fought so hard they would have just got away with paying me nothing or a stupidly small amount of what it I was due. I just don't understand why this is acceptable?

Sorry for the rant. Just wanted you to know that you're not alone in being treated poorly in organising mat leave/pay. Good luck!

FirstTimeBumps · 29/10/2018 18:58

Tried calling maternity action today but went through a repeat of "all our advisors are busy please call back later" and they didn't have a call waiting option. Will try them again first thing when they open tomorrow though.

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FirstTimeBumps · 29/10/2018 19:00

@mintyfresh00 this is precisely what I'm worried about. ACAS just couldn't understand why they hadn't responded and all I could give them was that they "couldn't organise a drink in a brewery" for not wanting to swear x

OP posts:
mintyfresh00 · 29/10/2018 19:01

Have you asked for their managers details?

confusedandemployed · 29/10/2018 19:03

I'm sorry I didnt follow Al of the OP but to the best of my knowledge you have to cut your mat leave short and convert it to shared parental leave so technically they are correct - you can't have matleave and shared parental leave at the same time. However you can both be off on SPL together.
Is your company's SPL pay provision the same as the mat pay?

FirstTimeBumps · 29/10/2018 19:05

@mintyfresh00 nope. I'm repeatedly being told to "give them time as they're a new firm dealing with our payroll" but I know what the company is called and have a mind to phone them directly and rock the boat. We are paid on Wednesday so if I haven't heard by then I may just do that x

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FirstTimeBumps · 29/10/2018 19:06

@confusedandemployed I am reducing my MP by 7 weeks and converting it to ShPP for my OH to use x

OP posts:
dementedpixie · 29/10/2018 19:07

The OP can be on maternity leave while the partner is on shared parental leave. OP gives notice of cutting short her maternity leave to give to him. Doesn't mean she is on shared leave/pay herself though (that's my understanding anyway)

confusedandemployed · 29/10/2018 19:07

Yes I saw that bit, but you plan to still be on mat leave when he uses some of the SPL. I didn't think you could do that, which is why your company's ShPP provision will be key.

confusedandemployed · 29/10/2018 19:09

Ah OK I see. Thanks. Very confusing.

FirstTimeBumps · 29/10/2018 19:13

@confusedandemployed it is quite confusing haha. I made sure I knew all the ins and outs prior to putting it in due to how confusing it was and I knew I would have issues with out lack-of-HR department telling me I couldn't do things that I could. At one point I had ACAS telling me I couldn't be on ML and get MP at the same time as my partner is on SPL and getting ShPP, the woman was reading from a script and I was like "can you just repeat that bit you've just read where it says yes I can" hence why I would rather have spoken to maternity action today rather than ACAS. I've literally broken everything down into spreadsheets, calculation and written explanations on everything, I've done the job a HR department would have done had they existed, yet still I'm getting nowhere x

OP posts:
dementedpixie · 29/10/2018 19:14

www.maternityaction.org.uk/advice-2/mums-dads-scenarios/shared-parental-leave-and-pay/ this page explains it:

Do both parents need to take SPL?

No, the mother can stay on maternity leave/pay (or on Maternity Allowance), while the father/partner takes shared parental leave/pay. However, even if only one parent is going to take SPL e.g. the father/partner,both parents will need to meet the qualifying tests(see below).

Some parents, such as self-employed parents or mothers on Maternity Allowanceare not entitled to take SPL/ShPPso only an employed partner can be eligible to take SPL. See the section below on Maternity Allowance and shared parental leave.

If both parents meet the qualifying conditions and are entitled to take SPL/ShPP, they can both choose to take SPL/ShPP or they may decide that only one parent will take SPL/ShPP e.g. the mother may want to stay on maternity leave because she will benefit from a good workplace maternity policy while the father/partner takes SPL.

Note: in most cases the mother is better off staying on maternity leave but she will need to reduce her maternity leave/pay period to create shared parental leave for the father/partner to take. Maternity leave can only be taken in one block so if the mother needs to take leave in-between periods of work she may want to end her maternity leave and take blocks of SPL instead.

FirstTimeBumps · 29/10/2018 19:20

@dementedpixie I'd read that on the maternity action website which is why I'm adamant about staying on maternity rather than converting to shared parental leave and pay. In addition to that, if they put me on Shared instead, the first 6 weeks are paid at statutory rate, rather than the 90% of earnings rate. These are the bits and bobs which are making me anxious and which I need them to confirm x

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