Final pay from work after maternity

pigsmightfly

Hi everyone,

I just wondered if you could quickly advise me;

I have been on maternity leave since January 2011 and have recently decided not to return to work. I have given my employer the 4 weeks notice before Christmas that I am not returning as required and they are happy with this.

My question is, what should I expect to be paid from my employer? As I understand it, any holidays I have accrued whilst being on maternity leave will be paid but I have some hazy information regarding getting paid for bank holidays that have taken place while I have been on maternity leave. Do they have to pay me for bank holidays also or is this not a legal requirement? Prior to maternity I worked full time as a manager if this has any affect on anything due?

It doesn't say anything about this at all in my contract and given a few things I know my boss has tried to pull off with past people who have left (I shall say no more) I just wanted to check if anyone knew so I have the information to hand when I see what I have been paid for next week.

Many thanks for your help in advance.

skintandscared_2

Have you been receiving just the statutury SMP while you've been off, or an enhanced package?

tizerbelle

When you are on maternity leave you are entitled to all the benefits of your terms and conditions of employment (apart from salary) that you would have were you not on maternity. So if paid bank holidays is part of your terms and conditions then yes if you are not returning to work and haven't already used these bank holidays to have paid time off before your maternity then they should be treated as a normal holiday allowance accrued and paid in your final salary when you leave.

an9i77

Where I work we have recently implemented granting bank hols on maternity, usually these are added to the person's holiday allowance and they can either take at the beginning/end of maternity or add to the current year's entitlement when they return. In the case of someone resigning we would pay them. That's just what we do and I know not all places do this, but we were advised to do it on legal advice.

pigsmightfly

Thanks guys, I've just been getting SMP for the first 9 months then nothing for the last 3 months.

At the moment at work, we get paid on bank holidays but when I looking on working families and government websites the wording is a bit hazy and knowing my employer he'll try and get away with it if he can.

Thanks for all your replies though, I will see what I get paid and take it from there x

pigsmightfly

I have managed to find further information in my contract document which states the below:

"You are entitled to 1.67 days paid leave per month plus bank/public holidays in your first year of service, rising by 1 day per year for 3 years and by 2 days in the fourth year up to a maximum of 25 days per year".

It also states; "Should you be required to work on Public/Bank holiday you will be entitled to take time off in lieu for that day worked".

Does this mean I have a better argument for receiving pay for bank holidays whilst I have been on maternity?

getmore4less

pigsmightfly wrote: »

I have managed to find further information in my contract document which states the below:

"You are entitled to 1.67 days paid leave per month plus bank/public holidays in your first year of service, rising by 1 day per year for 3 years and by 2 days in the fourth year up to a maximum of 25 days per year".

It also states; "Should you be required to work on Public/Bank holiday you will be entitled to take time off in lieu for that day worked".

Does this mean I have a better argument for receiving pay for bank holidays whilst I have been on maternity?

With a starting rate of 20 days per year the 8 BH would need to be included to get to statutory minimum 5.6 weeks(28 days).

The service days may complicate but they should just pay up at least 28 days.

pigsmightfly

Well following on from this, I was supposed to be paid on Friday 27th January (not 100% sure of the amount yet) but my employer hasn't paid me a penny!!! I checked with other members of staff and their wages have been paid correctly so it isn't a problem there. I tried to contact the manager who has not got back to me.

Where do I stand now? What can I do if they won't reply to me?

I have read on other advice websites that sometimes citizens advice or other similar companies can send a letter on your behalf requesting the money? Is this correct and at what stage would this happen? As I felt pushed out and unable to return to work, I was hoping to receive my final pay so I could then maybe start to look for some part time work once I had my P45 but it seems this may drag on now?

I have contacted my local citizens advice but not getting any reply from them and have tried working families but it takes up to 5 days to get a reply so just wondered if anyone knew any facts about this on here?

Thanks

Uncertain

pigsmightfly wrote: »

Well following on from this, I was supposed to be paid on Friday 27th January (not 100% sure of the amount yet) but my employer hasn't paid me a penny!!! I checked with other members of staff and their wages have been paid correctly so it isn't a problem there. I tried to contact the manager who has not got back to me.

Where do I stand now? What can I do if they won't reply to me?

I have read on other advice websites that sometimes citizens advice or other similar companies can send a letter on your behalf requesting the money? Is this correct and at what stage would this happen? As I felt pushed out and unable to return to work, I was hoping to receive my final pay so I could then maybe start to look for some part time work once I had my P45 but it seems this may drag on now?

I have contacted my local citizens advice but not getting any reply from them and have tried working families but it takes up to 5 days to get a reply so just wondered if anyone knew any facts about this on here?

Thanks

Well I don't know if the CAB will write on your behalf or not but the correct course of action would be as follows.

Polite letter setting out the problem and asking for it to be dealt with promptly.

If that fails....

Letter before action (preferably recorded deliver) setting out exactly what you think you are owed and giving them a short by reasonable time to pay (14 to 21 days) failing which you will take legal action without further notice.

If that fails.....

File employment tribunal claim (no charge and you can do it online). Note you MUST start the claim within three months (less one day) of when they should have paid you (27 Jan). Don't be strung along and miss the cut off date. You can always withdraw the claim if they pay.

You could still make a County Court claim for up to six years if you missed the tribunal date but you would have to pay a fee up front.

Also, you don't need to wait for a P45 to look for work. If you find a job, just download and fill in a P46 and give this to the new employer instead.

pigsmightfly

Uncertain wrote: »

Well I don't know if the CAB will write on your behalf or not but the correct course of action would be as follows.

Polite letter setting out the problem and asking for it to be dealt with promptly.

If that fails....

Letter before action (preferably recorded deliver) setting out exactly what you think you are owed and giving them a short by reasonable time to pay (14 to 21 days) failing which you will take legal action without further notice.

If that fails.....

File employment tribunal claim (no charge and you can do it online). Note you MUST start the claim within three months (less one day) of when they should have paid you (27 Jan). Don't be strung along and miss the cut off date. You can always withdraw the claim if they pay.

You could still make a County Court claim for up to six years if you missed the tribunal date but you would have to pay a fee up front.

Also, you don't need to wait for a P45 to look for work. If you find a job, just download and fill in a P46 and give this to the new employer instead.

Thank you, that's great. Here's hoping I actually get somewhere

pigsmightfly

Well contacted my employer again and got a reply saying, I passed your email on!!!

How long should I give them now to pay until I send them a recorded letter threatening legal action?