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Mat leave pay qualifying weeks and AWE

10 replies

redo18 · 20/02/2023 20:17

I have a questions about my mat pay. I got paid a substantial bonus in my 'qualifying weeks'. Does anybody know if the employer has to take account of the bonus when working out my average weekly earnings? Or will this be my basics salary only? Or could point me in the direct of any information about this. Thanks

OP posts:
GCWorkNightmare · 20/02/2023 20:17

Should be all pay

redo18 · 20/02/2023 20:19

Thankyou @GCWorkNightmare do you know if any legislation sets this out clearly? Just so I have something to fall back on if my employers do not interpret it like this? Thanks again

OP posts:
dementedpixie · 20/02/2023 20:26

Its the actual pay in the 8 weeks up until the 25th week of pregnancy. If you got paid extra in those weeks it should be reflected in your maternity pay. It would mostly affect the 6 weeks at 90% of salary

PensionQ22 · 20/02/2023 20:26

@redo18 Yes, it's all pay including the bonus.

If you google the gov.uk SMP calculator you X's run the numbers yourself and see what to expect.

Bear in mind, if your employer has an enhanced pay policy that may be based on normal/basic pay. However, this doesn't mean they can pay less than the SMP amounts, just might mean in some months you aren't owed any top-up pay if you're already above your normal basic wage.

Feel free to PM me if you need more information.

LIZS · 20/02/2023 20:28

Yes it is included in the calculation if paid to you during the qualifying weeks.

redo18 · 20/02/2023 20:54

@GCWorkNightmare

Thanks, would it be possible to explain in simpleton language?

Are you trying to say that because I would get paid so much in the first six weeks they won't pay my normal salary for the rest of the 6 weeks enhanced pay or 4 weeks half pay?

As We do have an enhanced pay package which is 12 weeks at full pay and 4 weeks at half pay

I don't know if it helps for me to give example figure - say I get paid £5,100 (pre tax) a month and in bonus month (one of my eligibility months) I got paid £20,000 (pre tax)

Thanks again this is so helpful!

OP posts:
PensionQ22 · 20/02/2023 21:00

I think your tag was meant for me.

It depends on your company's policy about enhanced pay.

Your SMP cannot drop below what the gov.uk calculator says. That's the minimum that you will receive.

In the below example you get full company pay for 12 weeks.

The govt calculator says you would receive £10K in month 1 due to your bonus and your regular salary is £5K, there's nothing to top up.

In month 2, govt calculator says £7.5K, your normal pay still £5K so nothing to top up.

Month 3 you're on £650 SMP, but because your company tops up to full pay for 12 weeks, you'd get the £5K.

Hope that helps.

dementedpixie · 20/02/2023 21:00

What does the enhanced pay info say about the relevant period and pay? Your employer may have different requirements. We can only quote what the SMP deal would be which is:

Overpaid or underpaid earnings during the relevant period

Always calculate AWE based on all earnings actually paid to the employee within the relevant period, regardless of any over or underpaid wages in that period. Where over or under payments of wages occur within the relevant period, you must include the overpaid or underpaid amount in the AWE calculation for deciding if SMP is due.

redo18 · 20/02/2023 21:18

Thanks - I think ultimately it will make a big difference in my first month. A lovely surprise!

OP posts:
Blueberrywitch · 22/02/2023 22:39

Wow! Almost worth trying to time a pregnancy around bonus month 🤣

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