Any HR folk about please? Brain scrambled over SMP !

[Shazafied]

Hi all,

I wondered if anyone could help me work out what might be going on with my maternity entitlement please. I’ve been emailing / calling HR back and forth for 3 weeks and they take ages to respond, and keep asking different questions about holidays. I’ve just given the last bait of info they asked for and have been told they need a manager to review this and that won’t be till late next week.

I’m on maternity leave, which started on 1/2/17 and ends 30/11/18 (52 weeks).

I have fallen pregnant again (unplanned but very excited) and my due date is 7/5/19. I plan to work from 30/11/18 - 30/4/19 (may use some holidays to leave in mid April).

I’m going back 50% FTE and my new salary is £9511 PA, which equates to £182.90 per week.

Our holiday year runs 1/10 - 30/9 each year. I used up all my 17/18 year holidays before I went on this (current) maternity leave. I didn’t carry any over.

When I go back to work, I will be 17 weeks and 3 days pregnant.

I have emailed HR to ask if I am entitled to SMP. I have been employed for the business for over 2 years which is the requirement for occupational maternity pay, and I understand you must also qualify for SMP to receive the occupational/enhanced pay.

I am not overly concerned if I qualify for occupational pay or SMP (it won’t be much different), but would like to know if i qualify for SMP this time. As this baby was unplanned we need to start working mkneynout ASAP. I fully intend to return to work after my second period of maternity leave, and will probably take a shorter leave the 2nd time.

The last question HR asked me (for the second time :-( .... ) was if I have any remaining holidays from the 17/18 holiday year - I advised not. We are only allowed to carry over 3 days anyway, so I’m not sure why they would ask this?!

I am aware that for SMP you need to earn over £116 per week on average during weeks 17-25, which I should do?

I thought it would be fairly straightforward to find out.... it’s really stressing me out.

Could anybody help at all?

Many thanks !!

Sorry - CURRENT MAT LEAVE IS 1/12/17 - 30/11/18

Bump !

Yes, you will be entitled to SMP. You cannot be discriminated against for your first period of maternity leave, so as long as you earn the minimum earnings, you're entitled.

Congratulations

...on your pregnancy!

Thank you!

So all being well I should earn £180 per week from 17.5weeks to 38/39 weeks. Which seems over the minimum requirements for SMP?

Thanks for your response. My mind is boggled as to why they keep asking if I have carried any hols over from the 17/18 holiday year !

After many many emails back and forth it turns out that I may be entitled to smp !! It’s still not sorted yet and I have no idea if I’m supposed to be going back to work on Monday or not !

Basically HR have said I am entitled to 12 additional days annual leave (bank hols and Xmas closure days) and I need to take them all before I physically return to work. They’ve suggested I add on a couple of days annual leave from this hol year, meaning I don’t return to office till 2/1. They recommend delaying my reduction in hours until 2/1, meaning a much bigger pay check in Dec, meaning average earnings over test period increase just enough to get SMP.

My line manager told me at the start of my mat leave that I was not entitled to these bank hols etc, so I planned accordingly. But HR are saying that I was given the wrong information and can therefore amend my flexible working request.

Manager is still contesting this with hr, does not want me to have the accrued days (doesn’t think I’m entitled) and I’ve been told to wait while it’s resolved.

HR now not calling me back. Suspect arguing with my line manager ......

Surely HR have final say? I asked them to check and the query re bank hols was escalated to a high level..... and the answere was yes im entitled, and i should not return till jan etc.

It’s never simple is it!

I was in unison but stopped paying my subs prior to last May leave (was skint) so don’t feel i could call them now..... Just tried maternity action helpline and is closed.

I believe, if the bank holidays are above the normal 28 days minimum then it's up to the employer whether you also get them. It also depends on your contract (e.g. if it says you get 28 days + bank holidays then you are still entitled to this whilst on maternity leave). I'm not HR though, this is based on discussions I had before my maternity leave.