Still being paid full wage while on Maternity leave

soulheavensu

Wondering if I could get some advice please. I was TUPE'd to a company based in India in May 2016. This was handled through our HR and what would have been my new managers manager. I went on Maternity leave on 13th January this year but my company are still paying me a full wage and not SMP. I have raised this with my Team Leader and he has contacted the HR partner based in India who confirmed the issue is 'resolved' from their side of things. As I was TUPE'd over I would be retaining my previous employers Maternity entitlement which would be 6 weeks full pay before going onto SMP. I informed my HR and Payroll that I was pregnant when I was 16 weeks. I sent a total of 12 emails (as I have no numbers etc) and didnt hear back once. I was then asked for my MATB1 form from Payroll which I sent but then never had a response despite chasing to check they had received and processed this. My Team Leader asked me for the email trial as HR needed to see it before they could hire my replacement. My manager has changed and I'm now on the third manager since I was TUPE'd over I have no idea who this is and haven't met her as I'm on leave. I have not contact numbers for anyone only an email address. My Team Leader is based in a different part of the country to me and has kinda passed this back to me to deal with! I'm not sure what to do. Can I keep this money? Will they ask for it back? Where do I stand legally if they ask for this back? Will I need to get a tax rebate? I believe my new companies Maternity policy is just SMP so I don't think they are making the extra payments as their policy is different. Any advice would be greatly received. At the moment I've put what I believe to be the difference in a savings account where it won't be touched.

ssparks2003

using some paragraphs would have been helpful but anyway,

They can claim the money back from you that you are not entitled to regardless of whether you have told them already, so suggest that you keep the money that they are over paying to one side with VERY good notes and when they claim it back you won't have an issue returning the money.

Also keep copies of all correspondences cc'ing your boss in so that there is no no future come back.

agrinnall

soulheavensu wrote: »

At the moment I've put what I believe to be the difference in a savings account where it won't be touched.

I'd say this was a very wise thing to do, as there is a very good chance that eventually your employer will realise they have made a mistake and ask for the money back. If you intend to return to work at the end of your maternity leave you could consider leaving things alone (unless you are contacted by your employer first) until you are back at work where it may be easier to follow this up.

Mrs_Soup

The six weeks of full pay is standard for SMP before going on to the lower rate SMP so the first six weeks of this you are fine- its just any full pay they have paid you after that you need to keep hold of.

divadee

Mrs_Soup wrote: »

The six weeks of full pay is standard for SMP before going on to the lower rate SMP so the first six weeks of this you are fine- its just any full pay they have paid you after that you need to keep hold of.

No it's 90% of full pay for the first 6 weeks not full pay for SMP.

https://www.gov.uk/employers-maternity-pay-leave/entitlement

gettingtheresometime

soulheavensu wrote: »

Wondering if I could get some advice please. I was TUPE'd to a company based in India in May 2016. This was handled through our HR and what would have been my new managers manager. I went on Maternity leave on 13th January this year but my company are still paying me a full wage and not SMP. I have raised this with my Team Leader and he has contacted the HR partner based in India who confirmed the issue is 'resolved' from their side of things. As I was TUPE'd over I would be retaining my previous employers Maternity entitlement which would be 6 weeks full pay before going onto SMP. I informed my HR and Payroll that I was pregnant when I was 16 weeks. I sent a total of 12 emails (as I have no numbers etc) and didnt hear back once. I was then asked for my MATB1 form from Payroll which I sent but then never had a response despite chasing to check they had received and processed this. My Team Leader asked me for the email trial as HR needed to see it before they could hire my replacement. My manager has changed and I'm now on the third manager since I was TUPE'd over I have no idea who this is and haven't met her as I'm on leave. I have not contact numbers for anyone only an email address. My Team Leader is based in a different part of the country to me and has kinda passed this back to me to deal with! I'm not sure what to do. Can I keep this money? Will they ask for it back? Where do I stand legally if they ask for this back? Will I need to get a tax rebate? I believe my new companies Maternity policy is just SMP so I don't think they are making the extra payments as their policy is different. Any advice would be greatly received. At the moment I've put what I believe to be the difference in a savings account where it won't be touched.

Just flapping my gums here but what is your sickness pay policy?


Just wondering if they've got sickness leave mixed up with maternity leave

Mrs_Soup

divadee wrote: »

No it's 90% of full pay for the first 6 weeks not full pay for SMP.

https://www.gov.uk/employers-maternity-pay-leave/entitlement

Sorry its a while since I had it myself, had forgotten which bits were statutory and which bits occupational. Apologies for being misleading.

soulheavensu

gettingtheresometime wrote: »

Just flapping my gums here but what is your sickness pay policy?


Just wondering if they've got sickness leave mixed up with maternity leave

I get full pay for sickness up to so many weeks (can't remember how long) but again it's all statutory.. no frills on this company!

It's annoying as I was hoping to have my holiday paid to me as I have only taken 10 days and plan to go back in January which is andw holiday calendar year. As I can't even get them to respond I doubt I'll get my holiday pay either!