NHS salary sacrifice and maternity pay

SE22 · 1 August 2019 at 8:30PM

Hi there,
I have a question on nhs salary sacrifice scheme and maternity pay. I’ve just discovered that I’m going to lose nearly £450 a month of my entitled maternity pay because I wasn’t aware I had to let them know I was pregnant by week 15. I’ve called HR and payroll and have been told there’s nothing that can be done. They said it was stated in the contract when I signed up to the scheme 2 years ago and so should have been aware....which doesn’t help me now. Is this true? It seems really unfair that because I’m in a salary sacrifice scheme for child care at my works nursery that I’m now not going to get my full maternity pay entitlement. I’m so upset and really angry that this can happen and I don’t know how I’m going to manage financially. It seems so unfair. Can anyone help? Anyone had this happen to them? Are they allowed to get away with this?
Thank you

Flugelhorn · 1 August 2019 at 8:39PM

I thought you had to let them know about the pregnancy by the 15th week before the birth - not the 15th week of pregnancy? Can happen that people don't know by week 15

Savvy_Sue · 1 August 2019 at 10:17PM

When you take salary sacrifice, you should be warned that there are implications: for a mortgage application, for your pension, and in this case for your maternity pay. You agree to reduce your salary.

If you're in a union, you could try talking to them.

Blueberryjam · 7 August 2019 at 9:03PM

Eligibility for occupational maternity, adoption, and shared parental leave and pay
Maternity leave and pay:
15.14 An employee working full-time or part-time will be entitled to paid and unpaid maternity leave under the NHS occupational maternity pay scheme if:
i) they have 12 months’ continuous service (see paragraphs 15.106 to 15.109) with one or more NHS employers at the beginning of the 11th week before the expected week of childbirth;
ii) they notify their employer in writing before the end of the 15th week before the expected date of childbirth (or if this is not possible, as soon as is reasonably practicable thereafter): (a) of their intention to take maternity leave;
(b) of the date they wish to start their maternity leave – they can choose when to start their maternity leave – this can usually be any date from the beginning of the 11th week before the baby is born (but see paragraph 15.24);
(c) that they intend to return to work with the same or another NHS employer for a minimum period of three months after their maternity leave has ended;
(d) and provides a MATB1 form from their midwife or GP giving the expected date of childbirth.

Rambosmum · 9 August 2019 at 10:15PM

It's 15th week BEFORE DUE DATE, not 15th week of pregnancy. That's in the equalities act,which is law. Which trumps a contract, though I very much doubt your contract says that anyway.

FWIW, I did not formally notify them of my pregnancy until I was 21 weeks, I got the full OMP.

unforeseen · 10 August 2019 at 7:48AM

At one time you could effectively get the vouchers for free if you were on maternity pay but that has now changed.

https://www.litrg.org.uk/latest-news/news/181127-childcare-vouchers-and-maternity-leave

jackomdj · 20 November 2019 at 6:38PM

Qualifying week is 15 weeks before you are due. To work out what you are due they use your two payslips (or 8 weeks if weekly) before this date. This takes you back to week 17 ish (depending on your pay date). So you should have stopped salary sacrifice before then to not have it taken off your qualifying pay. This is where there week 15 notification probably comes from.

This would have been what you agreed when you started salary sacrifice, I don't work for the NHS but I have no doubt it is on the documents you sign when you start having it deducted.

fitnesstrainerrrathod · 21 November 2019 at 12:04PM

we have been trying for ages and keep missing them.

NHS salary sacrifice and maternity pay

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