HR Policy regarding maternity leave, please advise!

[ClaphamLauren]

I will have been with my current employer for two years on the 23rd January, I'm due to go off on mat leave middle of Feb and my due date is 10th March, the below is the clause in our HR policy about the enhanced maternity policy...

Enhanced Maternity Policy

Manger or 2 years experience to Divisional Director level (Grade C+)
6 weeks 90%
10 weeks 50%
10 weeks SMP
£0 - can have up to further 26 weeks off accrue all holidays whilst off

Should the staff member return to work for a period less than 6 months the company reserves the right to claim back any monies paid outside of Level one (SMP)

I am not a manager but I will have been here two years before I go off on mat leave - does this mean I still qualify? Or would I have to have been with them two years upon becoming pregnant? It doesn't seem to stipulate, the level one stuff is just SMP.

Any help would be really appreciated, thanks in advance.

It really should be clear. Our policy states the qualifying week of pregnancy. What have HR said?

I haven't asked, don't want to ask in case they change it to make me unqualified if you see what I mean!?

They may mean by the qualifying week.

Also it looks like this is out of date as SMP is now for 39 weeks and this is for 26 weeks in total. Ask HR for an updated version and what the qualifying week is (I suspect it will be 15 weeks before your due date)

It's a very rubbish policy if there is enhanced benefits but no mention of what the cut-off date is, and it's out of date legally as callme says.

You're going to have to ask them I'm afraid - because it's talking about the enhanced benefits there is a possibility it may not be the same 'qualifying week' as is used for statutory calculations, they may use a different date so you do need to check.

Ditto what flowerybeanbag said.

Their policy is out of date and is ambiguous.

Although the Amb

have you 2 years experience to divisional director level?

It looks like it is saying that if you are a manager or have 2 years experience of GradeC+ you get the enhanced level of SMP which is 6 weeks at 90%, then 10 weeks at 50%, then 10 weeks at SMP. (although the latter should say 23 weeks at SMP) then a further 13 weeks unpaid.

If you are not a manager or Grade C+ for 2 years, then you'll get basic 6 weeks at 90%, then a further 33 weeks at SMP etc.

That's how I've read it.

ooh yes VVVQV, I read OP quickly and assumed we were talking about timings only.

CL it sounds like if you are not a manager or divisional director you don't get the enhanced bit anyway..

You do need a conversation with someone to clarify exactly what the situation is.

Read it like VVVQV. I only got SMP plus payments in lieu of benefits even though I was a managerial grade. I'd be amazed if many companies enhance their Maternity pay to that extent for all but a select few.

Thanks for your help. I did check this afternoon as I thought I may as well get it over and done with!

I'm delighted to say that I am entitled to the enhanced policy but she said they are changing it as it is too vague as you said. It is for employees who have been with the company more than 2 years or managers (between grades B and C) providing the 2 years is completed before mat leave commences. Directors have a discretional policy - very nice! Also have a meeting with HR Director to go through everything next week.

Hurrah and thanks again

YAY!!!

Excellent news - definitely wasn't clear was it?!