No maternity pay, no annual leave? help?

Oldernotwiser

Are you in a union and, if so, have you discussed your situation with them?

AimeesMum_2

I am in a union but it only happened tonight at 6.00pm. Will see what HR say and then see what will happen

sunnyone

AimeesMum wrote: »

If I went on the sick I would be entitled to six months full pay but hopefully my employer can sort something out.

you work for a council and they are all getting rid of staff, you have only been their a year or so it wouldnt be the best career move to go sick especially as they know whats going on or they will do in the morning if they dont know already.

Oldernotwiser

AimeesMum wrote: »

I am in a union but it only happened tonight at 6.00pm. Will see what HR say and then see what will happen

Contact your union first thing tomorrow to get their advice.

chrisbur

Your employer cannot just stop paying SMP in this way. There are some conditions under which they should stop paying but the ones you have described do not apply. If they did stop paying they should issue you with a form SMP1 Why I cannot pay you SMP. This form has a selection of reasons on it and I can see none that could be applied to you on the information you have given.

Regarding work done during SMP. SMP can only be ended if you do work for another employer, the SMP1 says
"You have started work after the birth You cannot get SMP if you have started work after the birth, for an employer who did not employ you in the 15th week before the weekyour baby was due."

As far as the employer who is paying the SMP is concerned you are allowed to work for them for ten days during your leave, these are called keeping in touch days; but you did not actually work anyway so should not have been treated as if you did. But even if you had actually worked, as I said the first ten days would be fine, after that you would loose a week's SMP for any week that you did any work in, but weeks that you did no work should still be paid. The following is from the employers guide to smp

"If your employee does more than ten days work for you in her SMP pay period you cannot pay SMP to her for any week in which she does such work. To be clear, if a week in the SMP pay period contains only KIT days, SMP should be paid. If a week in the SMP pay period contains the last of the KIT days and also another day or days of work for you, or she has used up all her KIT days, you must not pay SMP for each week in which such work is done.
Once your employee has used her 10 KIT days, she will lose one week's SMP for each week or part week she works for you. The SMP pay period is not extended to take account of any such weeks. Any SMP lost in this way is always at the standard rate first, or 90% of the AWE if this is lower than the standard rate. "

You should not be taken off the books at any time, SMP should be paid in the same way and at the same time as your usual pay, Even when your SMP ends you may well be entitled to a tax rebate for at least some of the months when you are getting no payments.

If your employer still insists that they will not pay SMP you are entitled to request a written statement from them explaining their reasons, the guide suggests that they should supply this within a week, and you can then contact the HMRC who will give a formal decission. From the employers guide.....

" If you decide not to pay SMP, for whatever reason, you
should explain your decision to your employee. If they do not agree, they have the right to ask for a written statement from you about:

• which weeks, if any, in the period that you regard SMP is payable for
• how much SMP you consider your employee is entitled to
• why you do not regard yourself as liable to pay SMP

for other weeks in the period. An employee can ask for a written statement at any time, and if the request is reasonable you must supply the statement within reasonable time, for example, within seven days of the request. "
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AimeesMum_2

chrisbur wrote: »

Your employer cannot just stop paying SMP in this way. There are some conditions under which they should stop paying but the ones you have described do not apply. If they did stop paying they should issue you with a form SMP1 Why I cannot pay you SMP. This form has a selection of reasons on it and I can see none that could be applied to you on the information you have given.

Regarding work done during SMP. SMP can only be ended if you do work for another employer, the SMP1 says
"You have started work after the birth You cannot get SMP if you have started work after the birth, for an employer who did not employ you in the 15th week before the weekyour baby was due."

As far as the employer who is paying the SMP is concerned you are allowed to work for them for ten days during your leave, these are called keeping in touch days; but you did not actually work anyway so should not have been treated as if you did. But even if you had actually worked, as I said the first ten days would be fine, after that you would loose a week's SMP for any week that you did any work in, but weeks that you did no work should still be paid. The following is from the employers guide to smp

"If your employee does more than ten days work for you in her SMP pay period you cannot pay SMP to her for any week in which she does such work. To be clear, if a week in the SMP pay period contains only KIT days, SMP should be paid. If a week in the SMP pay period contains the last of the KIT days and also another day or days of work for you, or she has used up all her KIT days, you must not pay SMP for each week in which such work is done.
Once your employee has used her 10 KIT days, she will lose one week's SMP for each week or part week she works for you. The SMP pay period is not extended to take account of any such weeks. Any SMP lost in this way is always at the standard rate first, or 90% of the AWE if this is lower than the standard rate. "

You should not be taken off the books at any time, SMP should be paid in the same way and at the same time as your usual pay, Even when your SMP ends you may well be entitled to a tax rebate for at least some of the months when you are getting no payments.

If your employer still insists that they will not pay SMP you are entitled to request a written statement from them explaining their reasons, the guide suggests that they should supply this within a week, and you can then contact the HMRC who will give a formal decission. From the employers guide.....

" If you decide not to pay SMP, for whatever reason, you

should explain your decision to your employee. If they do not agree, they have the right to ask for a written statement from you about:

• which weeks, if any, in the period that you regard SMP is payable for
• how much SMP you consider your employee is entitled to
• why you do not regard yourself as liable to pay SMP

for other weeks in the period. An employee can ask for a written statement at any time, and if the request is reasonable you must supply the statement within reasonable time, for example, within seven days of the request. "
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So does this mean, in spite of some of the other posts that technically according to the KIT days that you can have a break in your SMP?

iamana1ias

AimeesMum wrote: »

So does this mean, in spite of some of the other posts that technically according to the KIT days that you can have a break in your SMP?

No. KIT days don't break SMP. You have to attend work to
claim a KIT day. You can't take it off as leave.

iamana1ias

chrisbur wrote: »

You should not be taken off the books at any time, SMP should be paid in the same way and at the same time as your usual pay, Even when your SMP ends you may well be entitled to a tax rebate for at least some of the months when you are getting no payments.
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In Local Government staff on SMP aren't "taken off the books". They are moved from their normal cost centre (budget) onto a central cost centre. So in the manager's view she is no longer on the payroll for his/her part of the organisation. She is, however, still employed and paid SMP by the council.

AimeesMum_2

I was told that I was taken off payroll's books and this is why as a change of circumstances form was completed to put me back on them that I would no longer qualify for SMP. But surely my work can just put me back on SMP as it was in error? Or can they not?

nottslass_2

Hi,

Give the WORKING FAMILIES helpline a ring 0800 013 0313. (sorry link never works for me)

The advisor that I spoke to when I had some queries over Mat leave and pay was very helpful and knowledgeable.

HTH