Maternity pay if I work for a company with 6 employees

hatsepsovet

Hi everyone,

I wonder if you can advise me. I am expecting my 2nd baby in May next year. I have just told my employer who was quite OK about it but I must say that he confused me a bit when he started talking about maternity pay. He told me that our company being a very small company [I](there are 4 of us in the office plus him plus the other boss [who is actually his other half and [/I] does all the accounting for the company and works from home]) they don't have to pay me maternity leave but that I will get something from the government.
I have worked full time for this co since November 2004 so I think I should be entitled to the standard maternity pay as well as extended maternity leave should I decide to take it.
I've just browsed through all the website suggested on this forum but I can't seem to find the right answer. Can anyone help please? Is he correct? Many thanks

CIS

The company does have pay you as such, but they claim the money back. ITS SMP, paid at first 6 weeks=90% pay then 20 weeks @ £106 OR 90% pay , which ever is lower.

You are entiled to take 26 weeks maternity leave, any extra extended leave is unpaid and, I think, at employers discretion.

http://www.dwp.gov.uk/lifeevent/benefits/statutory_maternity_pay.asp

Lillibet_2

CIS wrote:

You are entiled to take 26 weeks maternity leave, any extra extended leave is unpaid and, I think, at employers discretion.

http://www.dwp.gov.uk/lifeevent/benefits/statutory_maternity_pay.asp

No, your employer cannot stop you taking an additional 26 weeks maternity leave but it is unpaid. However, you must have been working for the same employer for a minimum amount of time to qualify for this additional leave, it used to be 2 years but I think this has changed now, check with DWP as above, or CAB.

HTH

skylight

Perhaps your boss is confused with the 5 employees of less thing - where you are not completely "entitled" to your job back http://www.worksmart.org.uk/rights/viewquestion.php?eny=485 - this would depend entirely on how the company is set up - if there are 4 employees - him and wife as directors then the company falls under 5 employees (directors are not employees, but contact ACAS to confirm this, as it does really depend on how the company is set up)

You are entitled to 26 weeks paid as above, and a further 26 weeks unpaid BUT taking the additional 26 weeks means that your employer doesn't have to offer you your original job back, but one of the same stature.

Check out google for maternity leave - there are loads of sites, government ones, helplines and pregnancy groups - all will have masses of information.

Having checked this all out myself 2yrs ago, I had a great big flammin leg to stand on and my pathetic ex-boss had nothing. Guess who won the arguement!!!!!!!

mountainofdebt

I work for a small company (8 employees) including the boss where we have one person on maternity leave already and will have ANOTHER one going on maternity leave in NOVEMBER !!!

One thing your boss may have overlooked is the fact that if the company's NI & PAYE contributions were below a certain level (I think it is £40K but don't quote me on that figure!) not only can they claim the statutory maternity pay but they can also claim an additional 4.5% of the basic maternity pay back as well as compensation.

hatsepsovet

Thank you everyone, you really put my mind at ease.

Hobo17

https://www.tiger.gov.uk is a useful site for checking out what you will be entitled to.