Employer wont give me 39 weeks statutory maternity pay? Is this right?

vicxzy

Hi everyone,

Quick question,

Im taking early maternity leave as Ive been very poorly & hospitalised for most of my pregnancy.
My baby is due on the 19th of June & I gave notice on the 2nd of Feb to start my maternity leave on the 4th of April.
My employer emailed this info to me initially which I was happy with:

Start date 04.04.2011 then 90% of your pay for 6 weeks up to 15.05.11,
12 weeks of 50% pay plus SMP up to 07.08.11 and then SMP until 01.01.12.

However this morning I received a letter stating that when my mat leave starts on the 04.04.2011 & they will only pay me until the 15.10.2011 after which I can continue with unpaid leave which by my calculations is only 28 weeks SMP in total?

Ive been permanently employed by them full time since 01.01.2009.
Can they do this? Please help they are not in until Monday & I'm really upset.

Many thanks,

xxx

mizzbiz

Oops ignore - I read the top part, not the bottom :-O

Yep, it seems wrong to me. Government stipulates that it can be paid up to 39 weeks max - and guess that's your choice if oyu want the 39 weeks or if you want to go back early. Don't worry yourself about it though - it's called Statutory for a reason - it means they have to do it as stated in the statute - which states 39 weeks.

Tigsteroonie

From everything I have read on the Direct.Gov website (linky) you should be entitled for 39 weeks of money. Am puzzled by your employer's response. There is always the possibility that they have simply made an error in the letter (perhaps transposed 2 lines of information in their notes, or confused your return date with someone else's). I would advise you not to worry, and to query it at the earliest opportunity - ask them "Did you make a mistake?"

Mudd14

As above you are entitled to statutory maternity pay of 39 weeks. Maybe they have just got their dates wrong.

vicxzy

Thank you, I have just no idea at all where they got the 15th of October from? Is there any way they can only pay me 28 weeks instead of the 39 as Ive been off sick with pregnancy related illness for a few months on full pay?x

mizzbiz

No, if you qualify for SMP at all based on your earnings, then you qualify for 39 weeks. It doesn't matter that you have been off sick if you have been paid at full pay.

The only time this would impact is if you were getting only SSP leading up to your Maternity Leave. If the SSP pushed you under the Lower Earnings Limit (i.e. it was averaged over a number of weeks, of £97 per week) then you just wouldn't qualify for SMP at all for any nuumber of weeks.

I hope that makes sense.

vicxzy

mizzbiz wrote: »

No, if you qualify for SMP at all based on your earnings, then you qualify for 39 weeks. It doesn't matter that you have been off sick if you have been paid at full pay.

The only time this would impact is if you were getting only SSP leading up to your Maternity Leave. If the SSP pushed you under the Lower Earnings Limit (i.e. it was averaged over a number of weeks, of £97 per week) then you just wouldn't qualify for SMP at all for any nuumber of weeks.

I hope that makes sense.

So I'd either get 39 weeks or nothing if Ive been off sick Mizzbizz?
x

vicxzy

Would it affect it if id put my MATB1 form in late?
I havent, I handed it in personally on the 2nd of Feb but they have only just written to me to acknowledge receiving it!
x

mizzbiz

You have to inform your employer that you are pregnant *I think* by the 15th week before the expected birth date so you are well within the limits there, you work dates are fine too and your employer has accepted that qualify for SMP. That means that you definitely qualify for the 39 weeks. I do think they have made a clerical error, that is all. Perhaps they got confused with Statutory Sick Pay which is 28 weeks max. Either way, don't worry, every thing looks above board and fine.

Yes, you either qualify or you don't and your employer has said you do. SSP is £70 something a week, so on average over a couple of months you would be below the £97 per week, which means you wouldn't qualify. I expect your wage is above £97 per week, even on sick?

In that case anyway, you would probably qualify for maternity allowance paid directly by the government so you would still get something.

vicxzy

Thank you! I hope he has confused it with SSP or Ill have to go back to work when the baby is less than 3 months old
Not good when there are 100s of redundancys at our place at the minute
Yes I earn over £97 per week even on sick as am on full pay x

Googlewhacker

100's, how big is the place?