NHS Maternity Pay query

kathsl22

Hello

Hoping someone can help.

I am due to start NHS maternity leave on the 22/06/18. I have been told by my HR department that I will not be entitled to the new Agenda for Change pay lift due to come into effect in July 2018 (to be backdated to April 18) because nhs maternity pay is calculated based on a past pay period (weeks 17-25 of pregnancy).

However, I have found a clause in the NHS Terms & Conditions handbook which states:

“In the event of a pay award or annual increment being implemented during the paid maternity leave period, the maternity pay due from the date of the pay award or annual increment should be increased accordingly. If such a pay award was agreed retrospectively the maternity pay should be re-calculated on the same basis.”

I’m not sure if I am missing something but does this not suggest that I am entitled to the pay uplift?

Any advice/thoughts much appreciated.

cyantist

It does suggest you are entitled, however it is not as clear as the previous clause (if the pay award happens before you take maternity leave). That specifically states your maternity pay would be calculated on the increased salary; this clause doesn't say that, though I can't think what else the "increased accordingly" would be implying

sammyjammy

So the payrise is awarded from 1st April (even though it actually gets paid later) and you go on Mat leave in June? Of course it should be based on the new salary.

kathsl22

Many thanks both.

I will get back to my HR department. I thought it didn’t seem right what they were saying.

gettingtheresometime

It may be worth asking a moderator to move this to the employment board as there are people who may know more about this there

clairec79

Does the pay uplift cover the period that the pay is based on? ie are weeks 17-25 after 1st April? If so it'll go up, if not it's based on the pay in those weeks so it won't

Thats how I read it anyway

kathsl22

Hi, weeks 17-25 did fall before the 1st April 2018.

However, the clause states that in the event of a pay award being implemented during the maternity leave period (or before as highlighted in a different paragraph of the T&Cs) the maternity pay should be increased accordingly.

If the maternity pay was simply to be based on weeks 17-25 then why bother having these additional clauses?

selement

It sounds to me like you should be entitled to the pay. I have been worrying about this Also but I think I'm just about 25 weeks when we get our July pay (with back pay) so think I'll get around it? I know any increments due on mat leave are meant to still happen!

kathsl22

Sounds like you should be fine selement but might be worth speaking to your HR team. It would be interesting to compare responses! Feels a little bit discriminatory for them to deny women on maternity leave a pay rise whilst everyone else receives theirs.

sammyjammy

kathsl22 wrote: »

Sounds like you should be fine selement but might be worth speaking to your HR team. It would be interesting to compare responses! Feels a little bit discriminatory for them to deny women on maternity leave a pay rise whilst everyone else receives theirs.

Which is why it can't be right, if you went on Mat leave after the end of July when payrise had been actually paid you would already be on that uplifted rate.

kathsl22

Good news. Just spoken with the NHS Shared Business Authority who manage payroll for our organisation. They have confirmed that my maternity pay will be recalculated once the pay uplift comes into effect in July (and also backdated to April).

This is obviously the outcome I was hoping for and confirms that HR need to brush up on their knowledge of the maternity policy wording!

Selement - hopefully this should put your mind to rest also.

Thank you everyone for your advice and comments.