Asking for a pay-rise after returning from ML

[joorla]

I've not received a payrise since 2008. Last year my company did not give any staff pay rises as such they scheduled 2 bonus payments, one which I received in June, the other I did not receive as I left in maternity leave in November and the 2nd payout was in December.

It doesn't seem fair to me at all that I only missed this payout by 1 month.

Im one of the longer standing members of staff in my department and one of the most qualified as well. Since being on maternity leave I've passed 2 more exams on my accountancy course so am further qualified too.

I've a back to work meeting tomorrow, any ideas how I should ask for a payrise?

Joorla, with regard to your bonus you may be entitled to it depending on how it was calculated and its purpose. Essentially, when you're on maternity leave under statute you are entitled to receive benefits but not your salary (salary is replaced by maternity pay).

A bonus can be classified as salary (in which case it will NOT be payable in respect of the period you are on maternity leave, save in respect of the first two weeks of maternity leave which are known as 'compulsory maternity leave') or a benefit, in which case it is payable even if you are on maternity leave.

The case law is fairly complicated, and I have to dash to can't go into much more detail, but I think you may well have an argument that you are entitled to at least a pro rata bonus reflecting the time that you were at work during the relevant period. if I were you I would ask informally first of all, and then if the answer isn't satisfactory put it in writing. I would simply ask the question and let them give you the full reasons as to why they do not think it is payable. If you need help at that stage then feel free to contact me again (I'm an employment lawyer on maternity leave at the moment so it's nice to keep my brain active!).

agree with what 510 said in regard sto benefits Vs salary based bonuses.

And just to say good for you.. apparently there is a very small percentage of women who ask for payrises and I think this should increse. Good luck for tomorrow

Thanks for your answers. I really don't think I'm going to get a payrise but I can but try.

My employers are extremely tightfisted when it comes to payrises. I'm also not that great at asking for a payrise so am mustering up the courage!!

The bonus details were never given to us in writing so I doubt if I'm entitled to it.

Good luck.

Even if the bonus details weren't given to you in writing you could ask them to explain (preferably in writing) why they don't think you are entitled to at least a pro rata bonus payment- what they say may be helpful from a legal perspective. If the bonus is instead of a salary rise that ti my mind denotes that it is in connection with the work you have undertaken and therefore, logically, you should be paid in respect of the period of time you were present at work. Bonuses that are paid simply because you are 'in active employment' on a specific date are few and far between- they usually are there to reward past performance and loyalty (and sometimes, but more rarely, as an incentive for future performance/loyalty) and so why should you be excluded?

Women on maternity leave also have a legal right to the benefit of payrises awarded during their leave, and although in your case we are talking about a bonus and not a payrise, it is relevant that it is a bonus in lieu of a payrise. I think you have a decent shot at it......

A payrise is more tricky, as you are essentially appealing to their good nature to recognise your value and worth (unless there is a clause in your contract that states that you are entitled to a salary increase each year- most employers avoid including such an obligation). In this employers' market I expect you are right that they may refuse- but if you don't ask you don't get. It could lead to an agreement of objectives for you to achieve in order to get a decent payrise next time, so it might not be wasted effort.

Let us know how you get on!

When are you due for a performance evaluation? When are you next eligible for a pay rise?

Has your company been noticeably affected by the economy?

Am asking because many people I know have not had a pay rise at all due to the economic climate (poor business volume and lack of inflation means not even cost of living increases are necessary). Also some companies have asked their employees to take pay cuts (or reduce their hours) in hopes of avoiding any redundancies.

What is the climate at your company? I think this is important because while you don't want to be done out of a bonus/increase due to tight-fisted employers, you perhaps need to judge whether/how the business climate has changed while you've been away on ML.

By the way, am sure it is completely obvious, but I have no HR expertise!

510 - I'll try and ask them why they don't think I was entitled. In my eyes I should be entiteld to it pro-rata to my leaving date. The same bonus figure was paid to every member of staff and was based on how well the company did as a whole in 2009. This was instead of a pay-rise and for some people would have been financially a lot better than a pay-rise, my company do not always give pay-rises to everyone.

I'm so crap at asking for things like pay-rises though, get very uncomfortable!!

I'll post tomorrow how I get on by the way.
Thanks for your advice.