Maternity Leave

[Bambi1987]

I am entitled to a contractual company maternity leave paid at full salary for 26 weeks. I will also be entitled to 13 weeks of statutory pay following the 26 (total of 39 weeks). The statutory pay starts at 90% of the average weekly salary for 6 weeks and the standard government rate for the remainder of the time, in my case 7 weeks. My question is: if I have received contractual company maternity leave (company benefit, and I have to return to work for 6 months after my leave, else it is repayable at full rate to my employer) will I still be entitled to start my first 6 weeks of SMP at 90% or will it be reduced to standard government rate straight after the 26 weeks of receiving my company pay? The company policy states:

Pregnant employees are entitled to 26 weeks of Additional Maternity Leave (AML) which directly follows Ordinary Maternity Leave (a total of 52 weeks’ leave). Company Maternity leave is paid at the employee’s Normal Weekly Earnings for the first 26 weeks of leave and is inclusive of SMP. SMP is paid for the subsequent 13 weeks of leave; and the remaining 13 weeks of leave are unpaid.

I would like to understand if the employer have the right to decide if my SMP will only be at the standard government weekly pay, including the first 6 weeks, instead of 90% of earnings for the first 6 weeks because they provide the contractual company maternity leave. Thank you.

Your HR team will be able to confirm but this is the same package my company offer and the way it works is as follows:

Week 1 to week 26 of mat leave I'm paid at my full salary. However for weeks 1-7 of those the government are contributing the smp amount and my employer tops it up to the 90/100%.

Then weeks 27-39 it's just smp then 39-52 is zero

You don't get a pot from the government at 90% for 6 weeks and THEN start your company mat pay offer usually - they are usually at the same time, all of it comes through your normal payslip but your employer gets a portion of it paid by the government rather than from their own bank if that makes sense

Smp is the 6 weeks at 90% then 33 at lower rate, this is not repayable only the amount topped up to omp.

OP

It isn’t up to your employer. They have to ensure you get 90% pay for the first six weeks and thereafter the lower rate for the rest of the 39 weeks.

Together, those things ARE SMP.

They top you up by the 10% in the first 6 weeks and thereafter by the different between your salary and SMP.

When the top up ends, you will only receive SMP (at the lower weekly rate)

Your first 6 weeks at 90% will be from the date you commence maternity leave, your company just top it up to 100%. From week 27-39 then you will be SMP only then from week 39-52 it's nill pay. It's not up to your employer.

By the way, if you do end up repaying any pay, then you shouldn’t have to pay back SMP, only the top up amounts.

Thank you all for your responses; it is very clear to me now.