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Original poster

P/T working towards end of pregnancy

21 replies

widgetsmummy · 11/10/2007 12:38

I'm due Feb 11th and have asked work if I can go part time for a few weeks in January before starting my maternity leave.

Will this affect my SMP?

My 15th week before baby due is 5th November and that seems to be important???

Perhaps we could elect a new PM on a platform of simple to understand maternity pay???!!!

OP posts:

flowerybeanbag · 11/10/2007 12:40

Hi widget, yes 15th week before due date is important because your SMP is worked out based on your average weekly pay for the 8 weeks leading up to that week.

So if you go part time after that, you'll be fine.

Original poster

widgetsmummy · 11/10/2007 13:04

Thank you - I kinda thought that was right but wasn't sure.

I love MN!

OP posts:

RibenaBerry · 11/10/2007 13:38

The maternity pay rules were actually drafted that way for the specific reason that a woman's earnings are more likely to be affected late in pregnancy and to stop people like you missing out (or, worse, working too hard because of fear of reduced SMP).

I agree that the rules are totally confusing and a complete minefield. However, unusually, this one actually has some common sense at the bottom of it. Just wish they could say it more simply!

Original poster

widgetsmummy · 15/10/2007 11:31

Sorry to come back to this, but my HR dept are advising that SMP is worked out on the last month that I work. Therefore reduced mat pay if I go part time. I've tried to explain it to them, but is there an employers guide somewhere I could refer them to?

I work for a pretty large company, I'm surprised that they don't seem to know how SMP works... and feel pretty cheeky pointing out that they might be wrong!

OP posts:

BetsyBoop · 15/10/2007 12:00

try pointing them at this

they are wrong...

flowerybeanbag · 15/10/2007 12:04

or this

Don't worry about telling them they are wrong if they are, honestly.

RibenaBerry · 15/10/2007 14:05

An amazing number of people don't know how SMP works, even massive employers. I was talking to one just the other day...

See it as a massive favour that you're educating them on your own time, not something you are cheeky to point out...

Original poster

widgetsmummy · 16/10/2007 12:54

Just spoken to payroll and what they are saying is that if I drop to P/T my SMP for the first six weeks instead of being my full salary (like the nice company I thought they were) will actually be only the 90% because that part is based on my weekly earnings when I leave.

Bloody cheek! I guess though they are not doing anything wrong just being mean. Honestly - the tight wotsits!

OP posts:

RibenaBerry · 16/10/2007 12:58

Er, no, they ARE doing something wrong.

You may wish to point out that it is against the law to discriminate against part timers. This includes not offering them discretionary benefits that full timers get.

I do not think it matters that the part time status is only temporary.

Go back and fight your corner! Bet they're really motivating you to come back afterwards eh?

flowerybeanbag · 16/10/2007 13:02

The 90% calculation used for SMP is based on your average weekly earnings for the 8 weeks leading up to your 15th week before you're due. So if you were earning full pay from 17 weeks pg to 25 weeks pg, your 90% has to be calculated on full pay not anything less. So you should get 90% of full salary, not 90% of part time salary. SMP is not calculated on salary when you leave.

You mention 'full pay' for the first 6 weeks. Is there enhanced maternity pay offered by your company which gives you more than SMP?

RibenaBerry · 16/10/2007 13:08

Flowery- I understood it as meaning that they gave enhanced pay of 100% for the first six weeks, but only for full timers.

Having re-read it, does Widget mean that they will still pay her 100% of pay for the first six weeks, but that they will base it on her salary for the week before she leaves, so it won't be as much money (assuming, of course, that 100% of the part time wage isn't less than 90% of the full time one)?

If that is the case, it probably isn't illegal on any basis I can think of. It's completely off though!

flowerybeanbag · 16/10/2007 13:11

Ribena presumably ptimers would be offered the same discretionary benefit? - full pay for 6 weeks if that's what it is. It just so happens for widget that her SMP as calculated on a statutory basis would work out more as she was full time at the crucial time?

Would it be less fair treatment to base calculation for enhanced pay on pay at x date rather than y date? Very mean but technically discriminatory? It feels discriminatory if that's what they are doing, but is there anything technically wrong with that?

Widget - could you request to work a full day the day before you leave if that's the crucial day...?

flowerybeanbag · 16/10/2007 13:11

x-post!

Original poster

widgetsmummy · 16/10/2007 13:11

The full pay for 6 weeks was an enhanced benefit.

So they are saying they'll pay 90% of my full time salary if I decided to do part time hours just in Jan.

RibenaBerry do you really think that they are discriminating then if they'll only pay 90%? In a sense if I was properly always part time I would get 100% of that salary...

OP posts:

flowerybeanbag · 16/10/2007 13:16

widget if they are paying you 90% of your full time salary because it works out as more than 100% of your pt salary I don't think they are being discriminatory, and I think Ribena will agree. Just mean!

Could you ask to work full time on whatever date they are using as the crucial date for the enhanced benefit?

RibenaBerry · 16/10/2007 13:17

They are discriminating if they don't give you a benefit that they would give someone full time.

BUT

As Flowery has suggested, what they seem to be saying is "whether you are part time or full time, we work out the enhanced 100% based on your salary just before you leave work". If you go part time, that is probably LESS than the 90% of your full time salary you are entitled by law. They can't give you less than your statutory entitlement, so they would still have to pay the higher amount.

As Flowery says, it sounds like they ought to be breaking some sort of law by applying this rule, but I'm not sure that they actually are.

As Flowery suggests, can you ask to go to part time working for a while and then work full time for the crucial last week (or whatever it needs to be)?

I would also make the point to HR that you believe that they are treating you incredibly unfairly and that this treatment is NOT making you feel good and supported by this company.

Original poster

widgetsmummy · 16/10/2007 13:19

I'll find out the date they'll base it on and see if I can work full time that day or week. I think that will be the last week I work but I'm glad you also think they are being tight!

OP posts:

flowerybeanbag · 16/10/2007 13:19

yes definitely say that to HR, what a rubbish policy that is, v unsupportive to pregnant women.

RibenaBerry · 16/10/2007 13:22

I agree. Absolutely rubbish.

Don't know if you were planning to go back to work after leave, but if you were I'm sure that you feel less inclined now!

Why don't employers see that petty rules just annoy people just at the point where they want to make them happy so that you come back?

flowerybeanbag · 16/10/2007 13:25

I expect it's a shortsighted attempt to prevent pregnant women going part time at the end of their pregnancy.

SHort-sighted because if a pregnant woman wants to go part time there's usually a good reason for it. If she needs to and doesn't because she'll lose out on her maternity pay she is more likely to go off sick and at the very least won't be working effectively, so the benefit of forcing her to stay full time is negligible or non-existent. And of course she is likely to feel far less likely to want to come back as well.

Sometimes employers just can't see the big picture can they?

BetsyBoop · 16/10/2007 15:53

widget - the other option is to take some of the leave you will accrue on m/l before you go off, that way you are still effectively full time, but only actually in the office part of the time IYKWIM. This would also save any argument about whether you accrue your leave whilst on m/l at a F/T rate or prorata'd to your "new" p/t hours (if they are that mean on your m/l pay, they will probably do the same with your leave entitlement....)

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