Experts on maternity pay ...I need some help please

[mosschops30]

I have been working for an NHS Trust since 2005.
Between 2005 and Sept 8th 2008 I was emplyed on a casual (bank) basis so had no contracted hours.
I am currently 10 weeks pregnant and the trust have said I am not entitled to maternity pay from them, only SMP.

Here's my problem, they have sent me a maternity pack and I'd like to know if anyone thinks I should be entitled to some pay here are their conditions:

'You have 26 weeks continuous service with this trust as at the 15th week prior to due date (11th Nov) - and 12 months continuous NHS service as at the 11th week prior to the due date'

So I would have 26 weeks continuous service by my 25th week of pregnancy
If they dont count my casual work then I think I am a week out of the 12 months coninuous service by 29th week of pregnancy, but surely if I have been employed by that trust and no one else then they could overlook one week

Any help or advice, or ideas how to work it out exactly would be a great help thanks

This is always a tricky situation, remember you are entitled to the same amount of time off no matter how many hours you work per week or how long you work there.

Its probably better for you to claim your SMP / SMA from the DWP.

Thats the best advice I could give, save up as it could take a few weeks for the payments to start though (from experience).

Guidlines are tight unfortunately and if you miss out by a week then you miss out.

Thank you they have said I can get SMP through them, but there is nothing in their maternity guidelines which states that the 12 months continuous service has to be service of x amount of hours, which is where my issue lies.
I have actually worked for the same NHS trust for 4 years, just not in a full time contracted hours capacity

my understanding is that continuous service within the NHS is when you are employed in any capacity in any trust for any number of hours. I am currently employed by one trust and am due back of mat leave next month but am looking for another job in another trust. i wont have to repay any mat pay as i will still be maintaining continuous service.

If you have been doing Bank within the trust, you will have still have a superannuation number which should show continuous service.

however i would run it past the union first.

trouble is I am with the NMC who are next to useless.
I will try them first though and then speak to HR again, would be amazing if I get proper maternity pay as I am currently saving to allow myself 6 months off on SMP just to afford it

mosschops30 - do you mean RCN? they are a bit pants although their callcentre (RCN direct are a bit more helpful).

do you make superan contributions?

god yes, i have jelly pregnancy brain sorry

do you mean pension contributions, Im not sure what supran is?
I have only started making them since I started full time, it wasnt worth it when I did bank shifts as I earnt so little

thats what i mean, the nhs superannuation scheme which is your pension. that is proof of continuous service

im not sure if I was still paying it towards the end of my bank shifts, it seemed a bit of a waste.
Theyre not disputing my continuous service, just that the bank shifts dont count as service at all

I'm just about to apply for a bank post in another nhs trust. the terms and conditions are that this will not form part of my continuous service.

so if you are only a week off to get the additional benefits why not talk to your midwife and see if you can persuade them to move the date by one week on the matb1 - bit cheeky but needs must and all that. its the matb1 (get at 21wks approx) that is used to calculate pay etc.

ooh do they really do that??

should I ask HR first to reconsider and maybe use their discretion or am I fighting a losing battle?
Also need to contact my union and would it be worth copying the chief exec in on any correspondence?
I have worked in that trust for 4 years, I trained as a nurse at an adjoining Uni so I could work in that trust, I think a touch of discretion wouldnt go a miss

mmmm...I'd go directly to the NHS Agenda for Change terms/conditions handbook and look up the rules for myself. I never trust what HR or my boss says, seeing as they were completely wrong about the amount of sick leave I was entitled to.

Have just looked at the AFC handbook and I think the issue is you must be a 'full or part time' employee (and there are specific hours associated with that). Not sure they consider 'casual' staff as meeting this requirement? Have you got a contract of any sort or any terms and conditions from them?

If you don't have a contract, permanent or fixed term, I think maybe you don't meet the requirement for contractual maternity pay, as the contractual bit is reserved for people who are definitely going back to the same job afterward (and without a contract they can't expect you to come back). SMP they have to pay you whether you intend to return to the job or not. Not sure if I've made any sense here or just muddled it more.

Oh yes I have had a permanent full time contract since sept 2008, before that it was as a bank nurse so no permanent contract.

I understand their rules, and that they dont take into account the working before that time (although I was 'employed by the trust in March 2008 even though I didnt start work until September, wonder if that counts for anything). But Im hoping they will show some sympathy and let me off the one week and six days I am off full mat pay because of the above reasons

Well, the handbook seems to indicate they have some discretion on that, so perhaps it is worth asking?

been thinking about this today.

have you actually had a dating scan yet? or have you told work based on your own dates? just thinking if scan hasn't happened then you may be lucky and be out yourself and scan says something different. {trying to find a lifeline}

on the otherhand the mat policy if anything like ours says "at managers discretion" therefore you need to sweettalk your manager to pay as the difference between smp and enhanced pay will be coming directly out of their budget. HR can only spout the policy rather than have a say over how the manager spends their budget. (well thats what happens here)

I had an early dating scan at 8 weeks and the dates matched ours exactly so thats out.

Does the maternity pay really come out of my departments budget? I didnt know that

yes it does, obviously they get the smp back but can be a huge strain on the budget as the person has to be replaced. It's my dh's biggest issue when he's juggling his budget as any pregnant woman has to be "hands off" direct client care from 20wks pg but he still has to pay them and then replace them to ensure his ward remains safe (MH/LD environment). Last year was a bit of a baby boom so was rather taxing on his budget.

Oh, I did ask DH if he would pay for the lost week and he said no but that was based on the fact that current climate means he's not filling the beds with high paying contracts so he'd struggle to keep in the black.