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Original poster

SMP, can anyone help me decide if I am right or my boss, re when I should be going back to work

28 replies

Eddas · 29/10/2007 16:25

I am in disagreement with my boss, although he is unaware of this atm, on when I should be going back to work. I'm hoping someone will be able to tell me if i'm right or is my boss is. If i'm wrong i won't bite

Right here's the issue. I work 2 days a week, on my last week before i went on ML these days were Mon&tues(this is important!) I did this so that my leaving date would be 28th feb, thinking this was easier for the boss. So my first day of ML was 1st March and therefore my 39 weeks are up as of 28th Nov, this much my boss and I agree on.

BUT, he thinks I should return to work w/b 26th Nov, but to my mind IF my days of work were to remain as they were when i left then I would've worked that mon & tues IYSWIM, therefore I think I should return the following week.

I haven't raised this issue yet with my boss as when he was asking/telling me when i was due back ds was crying dd chatting and all in all a bit too much going on to conentrate. if I'm right I want to phone him armed with my reasons tomorrow morning.

Thanks for sticking with my babble really hope someone can help me

OP posts:

somersetmum · 29/10/2007 16:38

smp is paid in full weeks, so if the first day he paid you smp was 1st March, then the last day he must pay it is Wednesday 28th November so, technically, you should be back on Thursday 29th November but as you work Mondays and Tuesdays you are not due back until Monday 3rd December.

You are right, he is wrong, although he can ask you to use your Keep In Touch (KIT) Days to return earlier but if you're not happy with that he can't insist.

Original poster

Eddas · 29/10/2007 16:43

glad you agree!!

I will give him the facts and see what he comes up with. Thing is i am changing my hours to do 3pms a week, so fingers crossed

Also, I am free to change my days about and did so quite a bit pre ML, BUT because my last 2 days were mon & tues I am still with the return to wokr on w/b 3rd.

We'll see

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flowerybeanbag · 29/10/2007 16:57

Maternity leave is in weeks, and one week of maternity leave/pay runs from Sunday to Saturday - the weeks don't start mid-week just because you happen to finish work then.

If you normally work 2 days a week, and the last week you worked you were in Monday and Tuesday, the first week of your maternity leave will have been week commencing 4th March. You wouldn't have worked the rest of your last week normally anyway.

So if Sunday 4th March is the beginning of week one, you can count from there. You return to work, assuming you are choosing to come back after 39 weeks, will be the week commencing the Sunday after the 39th week, whenever that is. Whether you work Monday and Tuesday or whatever days that week is between you and your boss, doesn't matter.

You can't get paid SMP and salary in the same week - if you work any part of a week when you are receiving SMP you lose the entire week's SMP, except for keeping in touch days.

Original poster

Eddas · 29/10/2007 17:01

FBB, I thought the new rules were that SMP started on the day you leave(or the next day) I know it used to be a sunday.

So it didn;t used to matter re p/t and days of week BUT i think now it does.

As a side point do you think an email re this subject would be ok? Am on good terms with my boss, don't want to take the mick but would let me write it sensibly and not bumble my words on the phone and also can do it minus dc Then he can answer at his leisure too and not be caught unaware by my question.

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Original poster

Eddas · 29/10/2007 17:04

wasn't sure of dates of change but they're here

My baby was due 2nd april, so just scrapped in

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TheHeadlessDuchess · 29/10/2007 17:04

Does it really matter when the 39 weeks are up? You can have a year off or return earlier by giving notice. Or have I missed something?

Original poster

Eddas · 29/10/2007 17:06

I know, BUT i don't want to miss out on any SMP and go back earlier. But at the same time I don't want to lose a weeks pay. Money is too tight to have 3 months off unpaid and take the whole year off.

OP posts:

flowerybeanbag · 29/10/2007 17:10

Oh really? Well that shows what I know doesn't it?

And yes I think an email would be ok, difficult to talk about calculations of dates etc over the phone. A phone call as well would be a good idea though.

flowerybeanbag · 29/10/2007 17:11

flowerybeanbag · 29/10/2007 17:13

Does that mean you can get SMP for days you wouldn't normally have worked though? See, I'd say that because Wed-Fri wouldn't be normal working days anyway, you shouldn't get SMP for them, your SMP starts following week, which is the first week you are 'absent' on maternity leave rather than just not working.

I'm agreeing with you about the dates btw!

flowerybeanbag · 29/10/2007 17:15

Yes actually I think my last post would be right, so you can technically start to receive SMP mid week now, thank you for flagging that up to me, but I don't think that would be the case if you wouldn't normally work those days anyway.

Happy to be corrected about that but I am feeling fairly confident now.

Original poster

Eddas · 29/10/2007 17:17

don't resign! I should know the answer to this question, but then again so should my boss as we're accoutants, lol

I think i'll draft an email and then ring first thing, well as early as dc's will allow, to tell him that i've emailed.

The real sticking point is the changing of days I think, but I hope he will see my point. I won't argue if he says I have to go in w/b 26th as he's been really good to me and don't want to piss him off!

Oh and the ONLY reason I know about the changes is because they affected me with my due date being 2nd april. When I first got pg 'they' hadn't decided if the date would b 1st or 5th April, so I hung out on giving a date to my boss until i knew If it'd been the 5th the date of my last period may well have altered slightly

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Original poster

Eddas · 29/10/2007 17:19

Maybe when I handed in my date to the boss it's should've been for w/ending 3rd March, then no probs! But I thought it'd help if I finished at the end of a month. Guess that only helps the payroll bods, but then being a payroll bod myself from time to time I like it easy

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Original poster

Eddas · 29/10/2007 17:19

How many typos have I made on this thread

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IamDaisy · 29/10/2007 17:27

eddas, if you go onto Direct.gov, you can do a personalised calendar based on your actual dates which will highlight exactly when you should restart work based on your due date and the start of your ML.

If you e-mail your boss including these key dates and where you found them, he can't really argue with it can he?

I hope that link helps.

Good Luck!

Original poster

Eddas · 29/10/2007 17:37

Thanks for the link, i went and did it all, but it refers to the period after 6 months as additional ml and that carries on until Feb 08 as it also include the non paid bit. It's all very odd but I think it's bacause if the new rules. I question my boss' letter re ml as it referred to having 26weeks paid SMP then the rest as additional but he said the letter came from the web and he thought it was weird but he did know that it was 39weeks paid ISWIM. All very odd! It's so annoying because i'm obv one of the first to come under the new rules.

Oh well i'll get an email sorted or maybe just write down my key points for the boss and ring him. Think he's fed up with staff issues as we're a small place and loads of people have quit etc etc

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Original poster

Eddas · 29/10/2007 17:39

pmsl , just scrolled down on the list of dates on the link and my expected week of childbirth was 1st to 7th April My babies like to be late, he was born 13th!

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IamDaisy · 29/10/2007 17:49

eddas, it's still only 26 OML, with 13 weeks paid AML, as far as I understand it, although why they didn't just increase the OML to 39 weeks is anyone's guess.

Sorry it didn't help with a magic number, and I hope you get it sorted out. You could speak to citizen's advice I suppose, I'm sure they've had lots of queries on the changes.

My boss is fed up with it all too, as although we aren't too small as organisations go, i work in a small office with oinly 13 of us. One woman came back from her ML just before I went off on mine and, being mainly men in the office, he was grumbling about never employing women again . I'm not inclined to go back there, as I know my request to work part time will be refused, so am hoping for a few more months off unpaid and then look for another (part-time) job.

Good Luck x

Original poster

Eddas · 29/10/2007 17:57

It's just weird to do it that way isn't it!

THink my boss has similar male/female thoughts as 3 of us at one point overlapped each other and then me and another lady had 2nd babies after 2/3 years After the first 3 he got seriously worried that all female staff would be off!

I know they can't legally employ men over women but I can see why they might want to, it must be a PITA in a small office.

Hope you manage to find work. I guess i'm lucky that after dd he agreed to p/t work then after ds he's agreed to a change in when I work.

OP posts:

TheHeadlessDuchess · 29/10/2007 17:58

I still think it doesn't matter. Just write and say you want to return on x date, and don't forget your accrued hols.

Original poster

Eddas · 29/10/2007 18:02

it's all about the cash. I don't want to lose out on being paid SMP, I know it's a bit petty to some people but i've paid my taxes and all that and don't want to lose out on paid ML. Similarly I don't want to go back too late that I miss a weeks pay by starting the wrong day. I wish I could have the choice but my money is important.

I will write everything down and ring the boss. If i'm not clear/he doesn't understand then i'll email him.

I haven't forgotten about my accrued holidays, 4 weeks to take between Dec and Mar

OP posts:

IamDaisy · 29/10/2007 20:26

I have five weeks holiday accrued by the time I go back, plus all the public holidays. I'm so tempted to say I'll be taking my accrued holidays in a block at the end of my leave and then hand in my notice one week in to the holidays. That way I get paid for the holidays, but if I don't go back then I won't get that wage.

I feel a bit disingenious/disloyal about it though, even though my DH thinks it's a wonderful idea.

foxinsocks · 29/10/2007 20:40

IamDaisy, just make sure (in your contract) that you don't have to repay any contractual maternity pay (if you got any - normally paid over and above the statutory maternity pay). Some employers put a clause in the contract that contractual maternity pay should be repaid if you do not return to work for a set number of weeks.

Tuttiefruitie · 29/10/2007 20:49

I have just been trying to determine when I am due back to work, originally thought it was last week in November (my maternity started 1 March) - however on reviewing it I think I am due back first week in December (I too work 2 days a week my days tho are Wednesdays and Fridays). I am therefore going to re-advise my boss tomorrow that I will go back to work on Wednesday 5 December.
Might I just add that I am soooo not looknig forward to it!

IamDaisy · 29/10/2007 20:49

thanks foxinsocks....but I only get SMP .

I'm in a male dominated industry and am constantly aggrieved that employers in this sector aren't more generous to their female employees re maternity pay since there are so few of us about, but no....stingy buggers the lot of 'em

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