Maternity pay - Legal advice needed please

boopster

Hello

I'd really appreciate any advice you can give...

I have worked for my company for four years this July and last year, like many others, our organisation underwent a restructure. There were redundancies and we had to reapply for jobs in the new structure.

I got a new role in the new organisation and this officially begins on the 1st of April. The new jobs in the new organisation have slightly different terms and conditions, and one of the changes is that rather than being entitled to Statutory Maternity Pay, plus an additional six weeks full pay as per the old organisation, the new terms and conditions state we are just entitled to SMP.

I have just found out I'm pregnant and my question is, if I tell work this week - IE before April 1st and the official start of the new terms and conditions - will I be entitled to the old benefits - SMP + 6 weeks pay?

Or will I just receive SMP as per the new terms and conditions because I'll actually be taking my maternity leave in November - IE - post April 1st.

It's early - I'm just 7 weeks, but if telling them this week means that I receive an additional six weeks pay I'd be happy to do it. On the other hand, I'd rather people not know early unnecessarily.

To complicate things further, I was actually promoted in my new role and my salary as from April 1st is a bit more than it currently is, I don't know if that affects things.

I'd really welcome any advice you can give.

Thanks very much.

birkee

May I suggest, that the new terms and conditions will apply.
Your maternity leave begins when it begins, not when you tell them you are pregnant.

tizerbelle

I'm inclined to agree that it will be the new terms and conditions regardless of when you tell them.

Presumably you have/will be getting a new contract (written statement of particulars of employment). You must ensure that the start date of your employment with the organisation is not the start date of the new job but the date you actually started working for the company. This is to ensure that you have at least 6 months employment with the company by the 15th week before the due date (qualifying week) so that you are eligible for maternity leave and maternity pay.

Your maternity pay will then be 90% of your average weekly earnings for 6 weeks and then basic SMP for 33 weeks. Your average earnings will be based on your earning in the "relevant period" which is roughly the two months before the qualifying week.

boopster

Thank you very much for your advice, I really appreciate it. Thanks particularly to you Tizerbell.

I have indeed ensured that my start date is my original start date on my new contract, so hopefully my SMP should be straightforward.

Really happy this has been clarified, thank you.