Yes, I can understand your hurt and upset, but mistakes happen.
If the pay policy is actually misleading, then it should be corrected. However, if you read it carefully, is it misleading, or did you just read '1 year' without noticing the qualifiers which made it '1 year and 12 weeks'?
Are either of you in a union?
Does your wife intend to return to work there?
Do you intend to remain there?
I don't know if you can see where I'm going with this. If you're both intending to have long and happy careers there, you probably don't want to make yourself too obnoxious. You might get an apology, you might get a small compensatory payment, but I doubt if you will get the full amount you thought you were entitled to.
Have you checked what the position would be if your wife returned to work sooner than intended, and you took the rest as shared parental leave? Take a look at https://www.gov.uk/shared-parental-leave-and-pay
Congratulations, I hope mum and baby are progressing well.
In essence the rules state that to qualify for enhanced maternity pay you would need to count back 12 weeks from the due date and on this date you would need to have had 52 weeks employment. I'm wondering if the "12 weeks before due date" is some sort of legacy thing. If I remember back when we had our first born, it was a long time ago so it's a bit fuzzy, there was a kind of default position of maternity leave starting at 28 weeks unless you provide a doctors note to say you could work longer. I certainly remember my OH needed to give work some kind of doctors note to say she was fit and well before they would allow her to work beyond 28 weeks, so 12 weeks before birth and 6 weeks after. (yes, back then it really was only 18 weeks total) Maybe my memory is playing tricks on me, I don't know, but I'm just trying to understand the "12 weeks before due date" part of the qualifying rules.
I think "disgusting" and "disgraceful" are rather strong, someone made a mistake and gave you wrong information, it happens. I appreciate that it's thrown your plans somewhat but I'm sure it wasn't deliberate although I think an apology is in order at the very least. It's unlikely though that this would have any bearing upon what her entitlement is. They have a written policy explaining qualification for enhanced maternity pay, available for anyone to read who wishes to do so and, by your own admission, don't qualify. I think the problem here is that should they compromise in your case they are potentially leaving themselves wide open for discrimination claims from anyone else who doesn't qualify due to that rule. I would certainly engage positively with them over the matter to see if anything can be done or some compromise reached although for the reasons I've said I would think it unlikely..
Other than that I concur with Sue above I'd enquire what is their pay and qualification requirement for shared maternity leave especially as you have worked their longer. Compulsory maternity leave (2/4 weeks depending on job) must be taken by the mother but the remainder can be taken by either parent. Depending on your company policy maybe that could be an option for you.
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If the pay policy is actually misleading, then it should be corrected. However, if you read it carefully, is it misleading, or did you just read '1 year' without noticing the qualifiers which made it '1 year and 12 weeks'?
Are either of you in a union?
Does your wife intend to return to work there?
Do you intend to remain there?
I don't know if you can see where I'm going with this. If you're both intending to have long and happy careers there, you probably don't want to make yourself too obnoxious. You might get an apology, you might get a small compensatory payment, but I doubt if you will get the full amount you thought you were entitled to.
Have you checked what the position would be if your wife returned to work sooner than intended, and you took the rest as shared parental leave? Take a look at https://www.gov.uk/shared-parental-leave-and-pay
In essence the rules state that to qualify for enhanced maternity pay you would need to count back 12 weeks from the due date and on this date you would need to have had 52 weeks employment. I'm wondering if the "12 weeks before due date" is some sort of legacy thing.
If I remember back when we had our first born, it was a long time ago so it's a bit fuzzy, there was a kind of default position of maternity leave starting at 28 weeks unless you provide a doctors note to say you could work longer. I certainly remember my OH needed to give work some kind of doctors note to say she was fit and well before they would allow her to work beyond 28 weeks, so 12 weeks before birth and 6 weeks after. (yes, back then it really was only 18 weeks total) Maybe my memory is playing tricks on me, I don't know, but I'm just trying to understand the "12 weeks before due date" part of the qualifying rules.
I think "disgusting" and "disgraceful" are rather strong, someone made a mistake and gave you wrong information, it happens. I appreciate that it's thrown your plans somewhat but I'm sure it wasn't deliberate although I think an apology is in order at the very least. It's unlikely though that this would have any bearing upon what her entitlement is.
They have a written policy explaining qualification for enhanced maternity pay, available for anyone to read who wishes to do so and, by your own admission, don't qualify. I think the problem here is that should they compromise in your case they are potentially leaving themselves wide open for discrimination claims from anyone else who doesn't qualify due to that rule. I would certainly engage positively with them over the matter to see if anything can be done or some compromise reached although for the reasons I've said I would think it unlikely..
Other than that I concur with Sue above I'd enquire what is their pay and qualification requirement for shared maternity leave especially as you have worked their longer. Compulsory maternity leave (2/4 weeks depending on job) must be taken by the mother but the remainder can be taken by either parent. Depending on your company policy maybe that could be an option for you.