Work just withdrew my maternity pay

Adriana87 · 20 April 2017 at 5:32PM

Hi, new here and wondering if I can get an answer on the below.

I started a new job back in September/October and soon found out that I was pregnant. I told my manager straight away and they were great to me throughout up to the day I left on maternity. Because I was not with my employer for X amount of time, I was not entitled to maternity pay and instead started to apply for maternity allowance as soon as I found out I was pregnant.

When I went to the HR office (this was when I told my manager I was pregnant) to get the form I needed to apply for maternity allowance, I was told in no uncertain terms that I don't need is as the company pay maternity pay regardless of how long you have been with the company. I questioned this and got it confirmed 3 times, 2 times with the head of HR and even got sent a payment schedule early on and on the day I left.

As I was never expecting this, it obviously changed our financial outlook. Instead of saving cash, we put whatever money we were earning towards paying of debts, home improvements and generally not saving for the rainy days where we will effectively be on one salary. My husband even took a gamble and started a new job because we weren't going to be as reliant on just his salary as we thought.

I gave birth last week and it hasn't been easy so far. Despite an uneventful delivery, my daughter has been in and out of hospital with bleeding, jaundice and loss of weight. In fact, I am typing this from the hospital where earlier today my work gave a call and said they made a mistake and that I am not entitled to maternity pay. I was in tears and told them so. They could not give a proper explanation and simply kept repeating I am not eligible as I have not been working with the company long enough.

This is something that was confirmed by HR members and the head of HR. I was given a payment schedule and told on numerous occasions that I will get maternity pay despite my length of service.

This is not ideal for a number of reasons but wanted to know is it one of those things I have to get on with or can I possibly take action against them?

[Deleted User] · 20 April 2017 at 6:02PM

Take action for what? You aren't entitled and they made a mistake. An apology should suffice.

marliepanda · 20 April 2017 at 6:29PM

You knew that it was 'unlikely' due to the three times confirmation. No company could afford to run like this.

They've made a mistake. You also made a mistake spending your money and relying on it before it was paid. Most people spend the months before baby saving and not improving their home with all their money.

Floss · 20 April 2017 at 6:34PM

I think you need to write an email to your line manager and Head of HR, asking for clarification of the "error", and also proposing how you will repay the overpayment (realistically).

Also, can you apply for Maternity Allowance now?

marliepanda · 20 April 2017 at 7:03PM

I mean it may even be that they pay full maternity even if you've only been there the qualifying time, (not all do for short terms) but no company is gonna pay full when you were pregnant before starting.

ScorpiondeRooftrouser · 20 April 2017 at 7:11PM

Floss wrote: »

I think you need to write an email to your line manager and Head of HR, asking for clarification of the "error", and also proposing how you will repay the overpayment (realistically).

Also, can you apply for Maternity Allowance now?

Why are you assuming there has been an overpayment?

sangie595 · 20 April 2017 at 9:04PM

Ok, so they made an error - several times, which suggests they are idiots!

And yes, it was very silly to spend up your money no matter what you thought was coming in - anything could have happened and you'd have not a penny to fall back on. Which has happened.

And no, you can't "take action" against them - and even thinking in those terms is the fastest route to unemployment I know. There are times to make a stand, and when got are on weak ground and without two years employment is not one of those times.

And isn't hindsight a wonderful thing? We all know better when it isn't us that did something stupid! Let's see if we can do anything to fix this.... And by the way, congratulations on your new daughter, and I think we all genuinely wish the best for her in this difficult time.

So yes, there stupidity all around here. Your HR need a good boll*** ing for making a screw up this bad. I have pondered this, and I think a grievance without it being a grievance. You're in enough trouble without winding up the stakes. A calm but very strong letter to your most senior manager, going through all this in great detail, with copies ( not the originals! ) of both letters confirming the maternity pay summaries. Start the story with why you went to HR, what they said to you, and cover it step by step in detail. Explain that this has put you in an impossible situation because you had planned around the information provided to you, not just once but several times and by didn't people in HR including the head of HR. Ask them what they are going to do about the position that THEY have put you in through no fault of your own. Copy in your own manager, and also make it clear that you aren't blaming them at all - they had no party in the mess. You want them on side, not thinking you are gunning for them.

And the answer you get may be "nothing", in which case I think you need to let it lie. But it may prompt someone to make a gesture.

Either way, enjoy your time with your daughter. And when it comes time to return to work, join a union - a union MIGHT have been able to provide more leverage, and at the very least you wouldn't have been dealing with this on your own.

And get a nest egg behind you as soon as you can. There is always a rainy day!

chanie · 20 April 2017 at 9:08PM

I'm going to disagree with the majority here and say that the way the OP has been treated is appalling - I work in HR and generally tow the party line!!!

If the OP received a payment schedule and the company confirmed on numerous occasions that she was entitled to company maternit pay, why would she think otherwise?

OP, the only course of action you have is to take out a grievance and explain this has caused you financial hardship. I don't know the rules for maternity allowance, but you should look into that ASAP as there are likely to be time limits.

pioneer22 · 20 April 2017 at 10:22PM

OP I am so pleased your daughter is here and wish you best well.

You should get MA if you apply ASAP they should ask you when you finished work and they might backdate it for you.

As for the work situation, what a bunch of idiots I suggest you do as Sangie has said.

Hope it works out for you.

theoretica · 20 April 2017 at 10:36PM

If you will get less maternity allowance through their mistake then I would hope you could get the difference from work.

Kayalana99 · 20 April 2017 at 10:47PM

"To satisfy the continuous employment rule you must have been employed by your employer for a continuous period of at least 26 weeks into the qualifying week.

The qualifying week is the 15th week before the week in which the baby is due."

Have you checked yourself if you are able to get it? I don't understand this whole 26 weeks / 15th week quote above, but 26 weeks is around 7 months and you have been there 7 months, working, have you not?

Work just withdrew my maternity pay

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