Occupational maternity pay calculation

zombeana

I would really appreciate some help on this as I am sure my HR dept has calculated my mat pay incorrectly.

My employer offers 6 weeks full pay, 12 weeks 50% pay + SMP then the rest SMP. I sat with my HR rep a few weeks ago and she went through the .gov website with me, entered all my dates etc and the qualifying period came up as 1/10/2014 - 23/12/2014 (have a copy of this). Not sure if this relevant but I am an hourly paid employee with no holiday and I work term time only. In that qualifying period I was paid 3 times and this included a small bonus. I was told I will only get to use 2 payments and the bonus won't be included.

Is this correct?

Takeaway_Addict

As it is occupational maternity pay they can use whatever calculations they wish to (as set out in the contract I guess and if not then it is literally however they feel like)

zombeana

Thank you.

Though, the way they have worked it out means im actually getting paid less than I would (at least for the first 6 weeks) than I would had I got statutory mat pay!

I suppose with the additional 12 weeks it still works out slightly more over all.

Takeaway_Addict

zombeana wrote: »

Thank you.

Though, the way they have worked it out means im actually getting paid less than I would (at least for the first 6 weeks) than I would had I got statutory mat pay!

I suppose with the additional 12 weeks it still works out slightly more over all.

Then this is wrong, they have to pay a minimum of SMP, occupational is normally for payments above this.

zombeana

Makes sense. So - they should include the 3 payslips and bonus in at least the basic SMP calcs and anything above is up to their policy. Which refers to the qualifying period, same as the standard way of calculating SMP. I am so confused!

Takeaway_Addict

Have you read this?

https://www.gov.uk/calculate-your-maternity-pay

zombeana

Yes that was I was stating in my original post - we did that, it came out with the qualifying period, but I was then told they can't use it as it includes 3 payments and they will only use 2 and they wanted to exclude the bonus I received within that qualifying period - this is what I thought was wrong and does not match up to what the gov calculator says!

Takeaway_Addict

It might be worth sending a friendly email along the lines of...

I've used this caluclator (insert link) as set out by the government and it makes my SMP as such whereas your calcuation is Y, could you confirm why yours differs please as I'm struggling to understand etc

Be nice but slightly firm and now you have a written trail as well. Hopefully they will then recalcuate etc.

But also make sure you are absolutely correct as well, are you a union member? Might be worth asking them for their calculations?

daisy23169

That qualifying period looks suspiciously long to me. When is your due date and what were the pay days during that period?

zombeana

I agree - it is really odd. My due date is 11th April and the pay dates were 23/12, 30/11 and 31/10.


I have contacted ACAS who confirmed it should be 8 weeks previous to my qualifying week which is 27th DEC - so payments in Dec and Nov should be used. Unfortunately my employer is using Oct/Nov (I got paid a lot more in December) because they moved the Christmas pay date as a 'gesture of good will' and we would normally be paid on 31st Dec. ACAS have told me this is wrong and should still use Nov/Dec. I have raised this and hope they will re calculate.


Thank you for the advice

Takeaway_Addict

zombeana wrote: »

I agree - it is really odd. My due date is 11th April and the pay dates were 23/12, 30/11 and 31/10.


I have contacted ACAS who confirmed it should be 8 weeks previous to my qualifying week which is 27th DEC - so payments in Dec and Nov should be used. Unfortunately my employer is using Oct/Nov (I got paid a lot more in December) because they moved the Christmas pay date as a 'gesture of good will' and we would normally be paid on 31st Dec. ACAS have told me this is wrong and should still use Nov/Dec. I have raised this and hope they will re calculate.


Thank you for the advice

It sounds unfair on the employer then if they did push the payroll forward to help people out over christmas that you are taking advantage of this to get a higher payment IMO.

Legally you may be right but is it worth the bad feeling?