Need SMP advice!

oscyy

I am 35 weeks pregnant and have been off work for nearly 4 weeks sick (pregnancy related). I work for a very small company with only 4 employees so dont have a HR dept or anything like that.My boss has recently informed me that he was supposed to pay me £123 for the first 6 weeks of my maternity leave but because I have been off sick he only has to pay me 90% of this! My understanding was that I got 90% of my normal wage for the first 6 weeks then onto SMP at £123 and that pregnancy related sickness had no effect on SMP other than if your off sick in the 4 weeks before your due date then they can trigger your maternity leave. Does anybody have any information on if he can do this?

MrsTinks

I would ask him where he got that information from because it sounds like he's got his wires crossed...

Glamazon

you are right

SMP is 90% of your normal wage for 6 weeks and then £123 for 33 weeks.

If you earn less than £123 per week then it would be 90% of your wage for the first 6 weeks.

Your boss can force you to start Maternity Leave if you are off sick in the last 4 weeks of your pregnancy but not before.

More info here http://www.direct.gov.uk/en/Parents/Moneyandworkentitlements/WorkAndFamilies/Pregnancyandmaternityrights/DG_10029290

Evansangel

What you have said is what i thought it was. 6 weeks 90% normal pay, and 33 weeks £123.
Maybe go onto the directgov website and print some info off to show him?

x

oscyy

Thanks for your replies,just wanted to know if it was me or him that had got it wrong before I argued it!
He also told me that the 5 days holiday I have left to use at the start of my maternity leave I have to use for being off at Christmas even though I wont be there at Christmas

MrsTinks

He can't make you use your holiday at Christmas either... after all not only could you actually be back at work by then but he also can't make you use it if you're on maternity leave... not quite sure he's playing with a full deck here...

Evansangel

Have you tried speaking to Citizens Advice Bureau? They know loads about pregnancy in the workplace, Maternity leave, etc

x

Glamazon

oscyy wrote: »

Thanks for your replies,just wanted to know if it was me or him that had got it wrong before I argued it!
He also told me that the 5 days holiday I have left to use at the start of my maternity leave I have to use for being off at Christmas even though I wont be there at Christmas

Like MrsT said - you can choose to take your holiday when you want to and that you will continue to acrue your holiday while you on Mat Leave.

It sounds like he's trying it on