how much is materniy allowance ?

[clucky77]

I may need to have an all out legal battle with my HR dept (long story) but am wondering if it's all worth it. I should get 38 weeks full time pay, then SMP.

But if I don't go down the road of legal action (my matenity leave application was rejected and after seeking preliminary legal advice, apparently it shouldn't have been), how much is the maternity allowance/ week?

Thanks

 

[Mummy-D]

Hiya

As far as i know maternity allowance is the same as SMP so i think that is approx £117 a week?

 

[kalia]

I should get 38 weeks full time pay, then SMP.

Is this a typo? SMP (or MA for that matter) is payable for 39 weeks in total. Many employers top it up for some of that time but I've never heard of a company generous enough to top up to full pay for 38 weeks! You would just get one week of SMP at the end of that time.

 

[kalia]

my matenity leave application was rejected

It is not possible to reject an application for maternity leave. You have a legal right to take up to a year. You HAVE to take off the first 2 weeks after the birth and cannot return in that time. Your leave can start any time from 29 weeks and it is you who chooses when it starts. The only exception to this is if you are signed off for pregnancy related illness, then your employer can force you on to maternity leave at 36 weeks. It is also you who decides when you will return if you want to return before 52 weeks.

 

[kalia]

Sorry for the third reply in a row!

I just looked back at some of your old posts and I discovered that you were already pregnant when you started your job so therefore you are not entitled to maternity pay from your employers You have to be working for the employer at least 26 weeks before the 15th week before your due date ( around 3 weeks before you conceive).
As long as you have worked for 26 weeks in the 66 weeks before your baby is due you will be entitled to MA. That is £117.18 or 90% of your average gross weekly earnings if this is less than £117.18. You have to send a certain number of payslips to them so you can choose the ones with the most pay

You still have a legal entitlement to maternity leave.

 

[clucky77]

Hi there

Actually I fell pregnant as I started my new job and found out the week later- I would have been about 4 weeks the week after I started.

I may be entitled to it (have sought some legal advice) as I have had 'continuous service' with another employer attached to my current one, but the issue is that I had a month in between where I was still working for the 1st employer (but should have stopped) so we didn't bother writing up the contract again as I was leaving. Tricky I know, but it was only when I got to the new empoloyer that I realised they grant continuous service with the old employer

So in a nut shell, the 1st employer say they can't write a retrospective contract, and so wrote a formal letter which you would think would suffice! The 2nd employer are beng P**CKS about it and want a formal contract. So they have chatted on the phone and can't reach an agreement as their internal policies differ.

So either I take legal action, or let it go- depeneding on my stress levels!

You are right I did mean 18 weeks of FULL PAY + rest in SMP.

I want to leave the compay anyway after they way I've been treated (with such insensitivity in a not so black and white situation, when their policy says discretion can be used and women will be treated with sensitivity- my continuous service issue has been going around in circles for 3 monhs!) .

SO if I leave I would have to pay back most of the employer maternity pay anyway (and get just the SMP). I think the difference between SMP and ordinary MA is only 6 weeks pay at 90% which is probably not worth fighting about / getting a lawyer over --- as it's taxed after that too, right?????

 

[kalia]

Wow, that is complecated!!

How long do you have to return to work for in order to keep all the maternity pay? The reason I ask is that while on maternity leave you will accrue holidays still so you may be able to take all your holidays at the end of your maternity leave and then only work a couple of weeks as the holidays still count as a return to work.

You don't need a written contract, I don't think. As long as you are working there that is considered a contract that you will work there and they will employ you. You don't want to throw lots of money at a solicitor and end up with less but I think it is worth pursuing with your company.

If I were you I would get the form they have to fill in if they won't pay SMP. Perhaps print a copy of the guide lines from a government webpage. As these clearly state that if you are working for your employer 26 weeks before the 15th week before your baby is due then they have to pay you this will hopefully make them realise they cannot fill in the form as the have no real reason to state. So as long as you started your job before 16th August they have no choice.

Good luck!!!!

 

[clucky77]

Wow, that is complecated!!

How long do you have to return to work for in order to keep all the maternity pay? The reason I ask is that while on maternity leave you will accrue holidays still so you may be able to take all your holidays at the end of your maternity leave and then only work a couple of weeks as the holidays still count as a return to work.

You don't need a written contract, I don't think. As long as you are working there that is considered a contract that you will work there and they will employ you. You don't want to throw lots of money at a solicitor and end up with less but I think it is worth pursuing with your company.

If I were you I would get the form they have to fill in if they won't pay SMP. Perhaps print a copy of the guide lines from a government webpage. As these clearly state that if you are working for your employer 26 weeks before the 15th week before your baby is due then they have to pay you this will hopefully make them realise they cannot fill in the form as the have no real reason to state. So as long as you started your job before 16th August they have no choice.

Good luck!!!!

Oh trust me I wish it were that simple..... they say that the ONLY recognise continuous service that is PT or FT adn not casual, and they want evidence that it is not casual. The previous employer has written this to them, and now they want more evidence, despite that the previous employer won't do retro contract.

Really frustrating but am trying not to get too stressed. I didn't realise that MA actually adds up to about 4,500 and SMP (if I leave) is only about 6,500-7,000 after tax so really I am not going to stress about the difference.

Will keep you updated on my very messy situation!

You are right in that I shouldn't quit so I at least accumulate some leave. Then quit! Grrrrrrrrrrr