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Original poster

Enhanced maternity pay -but not eligible

7 replies

ilovecakes1 · 21/01/2023 03:45

I have had my baby and I’m now on maternity leave receiving statutory maternity pay, my company has recently introduced enhanced maternity pay but say that I am not eligible for it as I am already on leave. Is this discrimination?

OP posts:
BritishDesiGirl · 21/01/2023 07:12

No it is not . There are also stipulations usually attached to enhanced pay. Usually you would have to pay back the money if you weren't returning to work and took the money.

EdithWeston · 21/01/2023 07:17

No it is not.

You get the terms in force when you embarked on your leave.

Would you think it OK if they had enhanced maternity leave but were abolishing it, for those already on leave to continue with same terms as when they started it? This is the same principle.

Policies are allowed both to begin and end.

Original poster
ilovecakes1 · 21/01/2023 10:15

Ok, well that’s reassuring then, at least I know I’m not getting a hard deal, and just unfortunate timing. Thanks for replying

OP posts:
ToTheLagoon · 21/01/2023 11:05

Harsh replies above. I work in HR and I’d speak to your HR directly to see if those on leave can take advantage.

If I was implementing this policy I’d decide on the live date but that would also scoop up those on leave at that point already which would mean a back payment.

DottyLittleRainbow · 21/01/2023 11:14

I think that if the changes they have made affect you contractually then you could argue for it? In the same way you would be entitled to any pay rise given while you’re on mat leave, or in the same was as you retain all contractual benefits and annual leave entitlements while on mat leave. If a pay rise can’t be withheld on mat leave I don’t think an increase in maternity pay can be withheld if you meet the criteria?

I would speak to ACAS for advice.

VanGoghsDog · 21/01/2023 11:52

DottyLittleRainbow · 21/01/2023 11:14

I think that if the changes they have made affect you contractually then you could argue for it? In the same way you would be entitled to any pay rise given while you’re on mat leave, or in the same was as you retain all contractual benefits and annual leave entitlements while on mat leave. If a pay rise can’t be withheld on mat leave I don’t think an increase in maternity pay can be withheld if you meet the criteria?

I would speak to ACAS for advice.

Pay rises can't be withheld on maternity leave.

What do you mean by "affect you contractually"? Enhanced maternity pay is not usually a contractual right.

VanGoghsDog · 21/01/2023 11:56

ToTheLagoon · 21/01/2023 11:05

Harsh replies above. I work in HR and I’d speak to your HR directly to see if those on leave can take advantage.

If I was implementing this policy I’d decide on the live date but that would also scoop up those on leave at that point already which would mean a back payment.

Also in HR and I mainly agree with this.

In my consultancy I would recommend a client pay the enhancement to the woman on mat leave from the date the policy changes. I would not suggest back payment otherwise you'd get people saying "I came back a month before it changed, I should get the back payment for mine too".

However, in my public sector employed role, I'm pretty sure we'd back date it for anyone currently on leave. Public sector is more risk averse that way. We would also have coated this in based on women pregnant or on mat leave when the policy was being debated, so it would have been agreed on that basis anyway.

OP, it's definitely with following up.

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