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Maternity Pay

5 replies

kittywilson · 09/05/2010 22:43

Hi I am hoping someone can give me some advice re maternity pay. I am 20 weeks pregnant and will be applying for maternity leave when I get my matb1 form. I have been with my employer for some time now so I am entitled to their contractual maternity pay. It states on the company website that this is basically smp topped up by my employer so that I receive full pay for the first 26 weeks. My question is, will they base this 'full' pay on my average weekly earnings used to calculate smp since smp is included? Therefore, they would use all gross earnings in the 8 weeks prior to my qualifying week to calculate what I would actually be paid? This would work out a bit better for me than if they just gave me full pay iyswim and every penny counts lol. Have contacted hr but yet to receive a reply and will no doubt have to send countless more emails before i do so hoping someone can help me on here.

Thank you x

OP posts:
Nuggets · 09/05/2010 22:57

Hi Kitty
It's hard to tell as you actually have a good deal there! Unfortunately you are going to have to wait for HR on that one

RibenaBerry · 10/05/2010 06:36

That is very generous contractual pay, so I would guess it's likely to be basic salary, but like Nuggets says, you'll just have to wait for HR

kittywilson · 10/05/2010 07:53

Yes its way more generous than last time but think it still means 90% smp for first 6 weeks and then smp at the lower rate for the next 20 weeks but they will top this up so i receive what would be full wages. Its just because I will be receiving smp from the word go so thought they would base this on average weekly earnings as they would for calculating any smp. Will see what hr say then. Thanks for your comments!

OP posts:
flowerybeanbag · 11/05/2010 09:54

As requested:

The terms and conditions for your employer's enhanced scheme are completely up to them. If your pay normally varies week by week, in other words you have no regular salary, they would take some kind of average to work out how much to pay you. Whether they use the same weeks as are used for SMP is entirely up to them.

If the fact that you were paid extra in May is completely a coincidence, more of a one-off, and you usually receive a regular amount, then that will be what they mean by 'full pay'. You will get paid whatever you usually get paid.

They can't pay you less than you would get for SMP, obviously, so if by chance and because you received an extra payment during the relevant weeks your SMP actually works out as more than your usual full pay, you would get SMP for the first 6 weeks, then 'full pay' for the remaining 26 weeks as per your company's policy, then back on to SMP only after that.

If you want a calculation before the event, you would be better asking your payroll department rather than HR, who don't normally sit there doing pay calculations. They will inform whoever does your payroll that you are going on maternity leave and from what date, and will confirm that you are entitled to the company scheme, then the person in payroll will work out how much to pay you.

kittywilson · 11/05/2010 11:53

Thank you very much for your advice flowery that makes things clearer for me now, was just unsure how it was all going to be worked out. I found it hard to get anyone at HR to understand what I meant as like you say they dont actually do the calculation. The pay in May does include a one-off payment that is not normal for my wages and by chance falls in the relevant weeks for calculating SMP so I will asume that I will receive the higher rate for the first 6 weeks and full pay thereafter for 20 weeks

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