maternity leave problems

Hi

I am going to go on maternity leave next month. I am not entitled to maternity pay due to being on ESA, as maternity pay would be classed as an income and not an earning and it will confuse the benefits system. So work are classing my maternity leave as a long leave of absence (1year)

I have spoken to my job about this recently and been told this is what they plan to do:
-Hand me my p45, so they can take me off of payrol as patrol do not want me on there payrol if I'm not being paid.
-as my holiday is pro rata I will not be entitled to take any holiday left as I won't be working till April.
-I will not accrue any holiday whilst away on maternity leave
- I can come back at any time to work (no mention of the same job role though)

I really feel like they are trying to push me out of the company and won't actually offer me my job back (which I assume this way they wouldn't need to) they also get away with not paying me any holiday entitlement of which for this year I have saved 10 days. If I come back (which I plan to do) I won't have accrued holiday.

It seems as though handing me my p45 is cost effective for them but leaves me in a bad position.

Is this allowed to be done or can I say I don't want that? Or is it down to the employer to decide what they would like to do about my leave. I plan to have another meeting to discuss this but I want to go back in fully informed of what I am and not entitled to

Thank you
«13

Comments

  • pmlindyloo
    pmlindyloo Posts: 13,049
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    If I remember correctly then you are doing Permitted Work whilst on ESA.

    You are not eligible for SMP but are eligible for Maternity Pay but this would be counted as income and deducted from your ESA.

    Maternity pay is not paid by your employer but you are still entitled to maternity leave. So, you should be able to take up to your one year's maternity leave from work.

    I do not understand why your employer is suggesting what they are suggesting.

    Read this to see your entitlements during maternity leave.

    https://www.citizensadvice.org.uk/work/rights-at-work/parental-rights/maternity-leave-what-youre-entitled-to-and-how-to-get-it/

    Can you get to CAB for help with this?

    Did you work out how much Maternity Pay you would get? If this puts you in a financial pickle then could the father of your expected child help out?

    Did you look up the 'extras' you can claim whilst pregnant?
  • I didn't look into how much maternity pay I would get paid as it would just be taken out of my benefits so I said I won't apply for it as it's easier not to have to worry about ensuring I am getting the right amount as I know what benefits can be like.

    I will be able to afford to get by without my wage, not a problem but I do want the reassurance that I will have a job after maternity leave as well as getting the benefits of maternity leave. For example the holiday accrued situation and the holiday I have left to take

    The father of the child will be helping to support his child but I do not expect him to support me (I like my independence and never ask for money from anyone). I will be able to survive without my wage as I will get extra benefits when baby is here to help me provide for him
  • polgara
    polgara Posts: 500
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    Do not allow them to terminate your employment! Payroll should easily be able to put you down as on maternity leave and as you've pointed out you are entitled to accrue annual leave during your maternity
  • TELLIT01
    TELLIT01 Posts: 16,366
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    Unless I'm missing something, a P45 is only issued when employment terminates. On that basis, it does seem that they are pushing the OP out of the company, thereby avoiding the paperwork involved in making the MA payments.
    This link https://www.gov.uk/maternity-allowance/what-youll-get will enable the OP to work out what their MA entitlement would be. I can see no reason not to claim MA when in receipt of ESA.
  • sangie595
    sangie595 Posts: 6,092 Forumite
    Hi

    I am going to go on maternity leave next month. I am not entitled to maternity pay due to being on ESA, as maternity pay would be classed as an income and not an earning and it will confuse the benefits system. So work are classing my maternity leave as a long leave of absence (1year)

    I have spoken to my job about this recently and been told this is what they plan to do:
    -Hand me my p45, so they can take me off of payrol as patrol do not want me on there payrol if I'm not being paid.
    -as my holiday is pro rata I will not be entitled to take any holiday left as I won't be working till April.
    -I will not accrue any holiday whilst away on maternity leave
    - I can come back at any time to work (no mention of the same job role though)

    I really feel like they are trying to push me out of the company and won't actually offer me my job back (which I assume this way they wouldn't need to) they also get away with not paying me any holiday entitlement of which for this year I have saved 10 days. If I come back (which I plan to do) I won't have accrued holiday.

    It seems as though handing me my p45 is cost effective for them but leaves me in a bad position.

    Is this allowed to be done or can I say I don't want that? Or is it down to the employer to decide what they would like to do about my leave. I plan to have another meeting to discuss this but I want to go back in fully informed of what I am and not entitled to

    Thank you


    In a year, they don't have to offer you "your" job back anyway. They can offer you any suitable alternative - your original job is only protected for six months. And if your job is no longer there and there is nothing else, they can still make you redundant. Redundancy is hard whilst on maternity leave - not impossible. Equally, you can be made redundant the minute you return from maternity leave.
  • TELLIT01
    TELLIT01 Posts: 16,366
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    Sangie, is it normal for a P45 to be issued is somebody is going off on maternity leave?
  • IAmWales
    IAmWales Posts: 2,024 Forumite
    edited 7 September 2017 at 2:54PM
    (I like my independence and never ask for money from anyone).

    Erm ...
    I did I will get extra benefits when baby is here to help me provide for him

    Best wishes for your new arrival.
  • Kayalana99
    Kayalana99 Posts: 3,626
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    edited 7 September 2017 at 4:09PM
    TELLIT01 wrote: »
    Sangie, is it normal for a P45 to be issued is somebody is going off on maternity leave?

    No it's not. The problem with the p45 is the OP is entitled to her 10 days holiday (and should be paid this in a lump sum if given her P45 to be fair) and also entitled to further holiday pay + her job back after it ends (even if it is a different one on the same rate of pay)

    Tbh I'd be half tempted to let them carry on with what they are doing as no court would rule in their favour...it's wrongful termination and illegal and long as OP could prove she was 'fired' for being pregnat...

    https://www.cnbc.com/2016/08/08/ex-chipotle-employee-awarded-550k-in-pregnancy-discrimination-lawsuit.html

    https://www.justanswer.com/employment-law/4hhrb-terminated-job-pregnant.html
    People don't know what they want until you show them.
  • sangie595
    sangie595 Posts: 6,092 Forumite
    edited 7 September 2017 at 4:46PM
    But it's a lovely place to work and just like family - said the OP previously - and all about family values. And the OP isn't after money. So I am perplexed why the OP needs to starts threads about their rights and not trusting them.

    So no, it isn't normal to issue a P45. But I go back to my previous comments. The OP works a handful of hours per week, and only has a few months service. If they really want to start demanding their rights and dictating the law to the employer, then every bit of goodwill goes out of the window. And getting rid of the OP, pregnant or not, is going to become a target.

    And Kayalana90. To go to a tribunal you first have to attempt to resolve the situation. And go through meditation. The fastest way to paint that target on your back is to "let then carry on" and attempt to go straight to a tribunal. Because all the employer needs to do is say "but she never said a thing, we didn't know she wasn't happy, and of course she can have her job when she gets back" and the matter is finished. But they will later dismiss her for something else entirely. It's also not "wrongful termination" because that is something completely different. And it's unlawful - illegal is something completely different. And it may not actually be either of those things at all. So your assertion as to what it is based on something you read on the internet - really poor advice. OP, don't even think about it. You are not about to win £500,000. I can guarantee you that if it were a case, and you don't have one yet, £5k would be a huge win for you. And you probably wouldn't even get that. More likely £1k or so, possibly, and a reference that will ensure nobody employs you again. People who think that waltzing into tribunals and coming out with huge payouts is common have never set foot in one!

    _________
    edit - and oh !!!!!! - both of those links are US law. That is why there are $ signs in the articles! What on earth user is US law to the OP?
  • t0rt0ise
    t0rt0ise Posts: 4,255
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    It seems to me that it's the OPs fault for trying to keep ESA instead of claiming maternity pay. Puts the employer in a difficult position.
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