HR cant "remember" what Maternity leave I'm entitled to!!??

[Weenie19]

Hi Ladies,

My baby is due in 8 weeks and I intend to leave work in 4weeks time.

I notified my work of my pregnancy when I was 7 weeks in (due to two prev losses) and gave them my MATB1 form at 24 weeks.

In the meantime I have not received any official confirmation from my company acknowledging the pregnancy.....until today.

A week ago I emailed the HR contact stating that I was yet to be advised of my entitlements etc and had not yet received acknowledgment of the pregnancy despite the law stating that they should have done this within 28 days of me giving them my MATB1 form. This email was ignored.

Well today I emailed again and this time I pointed out the law and also threatened to start my maternity leave tomorrow as I did not have to give them the full notice as they had failed to adhere to their obligations to me.

Low and behold I get a response to that mail saying a confirmation letter was ready now.

I've just been to HR to collect and there are so many errors that I am still guessing what to do.

The HR lady cannot "remember" if I get 6 or 8 weeks at 90% pay. She also said that if I leave on 17th Feb (as I had planned) my Mat pay would start from the 20th but I have a weeks leave I want to take before Mat pay kicks in. She was not amused as this means she has to retype her letter.

During this pregnancy I have been told off for taking lunch breaks and been made to work alone late into the eve (no one else was told to do this) AND originally told I had to make up time from Antenatal apps.

I just feel like I'm being unfairly treated. I've been here 3yrs now and have taken ALL of my antenatal apps in my own time so that I cant be accused of not being flexible.

I'm in the UK by the way.

I'm just wondering if I am being overly sensitive in your opinion??

 

[Siuan]

If you've been with them for three years then I believe you are entitled to 4 weeks at full pay (90% of this is SMP, 10% CMP), 2 weeks at 90% (all SMP), 12 weeks at 50% (SMP @£128.73 then the rest is CMP to boost it to 50% of your usual earnings) and then 21 weeks SMP only. This might just be my company, but I've got this from my own maternity schedule. I think it's pretty standard.

You are more than entitled to take an accrued A/L before you go on maternity leave. I am doing that exact thing. I have 3 weeks left to take and I'm taking them first, followed by mat leave. Which means I leave work on 24th Feb, have three weeks A/L (full pay) followed by mat leave starting officially on 19th Feb.

I fully intend to do the same at the end of my maternity leave period too as you accrue A/L whilst you're off. This means I should have about 3 weeks to take (again, full pay), so I'll take them at the end of my 52 weeks maternity leave. In effect, taking into account these 3 weeks and the ones I'm taking before mat leave, I'll actually be off for a total of 58 weeks.

I can't speak for your work place, but where I am antenatal appointments do not have to be made up. I got in 3 hours late this morning due to my Anti-D injection appointment. I won't make it up and in fact I have taken an hour's lunch break as I normally would! Everyone is entitled to a lunch break no matter what so if they're stopping you from taking breaks then that is against the law whether you're pregnant or not...

I do think you're being treated unfairly and I think you have every right to tell them so. Some people might suggest you should get signed off with stress, but be careful of doing this within 4 weeks before your mat leave officially starts because that may make them trigger your mat leave 4 weeks early.

 

[mrsb2010]

That's really crap. No you're not being over sensitive at alll you are entitled to know where you stand. Can't believe they have treated you like that. Keep on at them until they get it right and if I were you hun make sure you check all the details!!
Xx

 

[Kyliem87]

I don't have any real advice as I'm not in HR however well done for sticking to your guns! The normal rate is 6 weeks at 90% and anything extra is subject to the rules of your company. By the sounds of things your company would keep within all it is legally obliged so I would assume 6weeks (anything more is a bonus). Ask HR for a company hand book if you do not have one (you probably would have been given one at your induction day) and it should by law be in there for you to see.

Otherwise my only suggestion is to speak to the citizens advice bureau and see what they can tell you about where you stand, rights etc. And boo for her having to retype her letter cause it is SUCH a hardship to add a sentence in (and if she didn't save her document more fool her...there should be back ups and she needs it for your personal file at work)! Good luck!

 

[Siuan]

Just to add - I don't know if it's the same where you are, but the CMP in my schedule (Contractual Maternity Pay) is forfeit if I do not return to work for 13 weeks after mat leave (those 13 weeks include my accrued A/L so in effect, I have to work for 10 weeks after mat leave to be entitled to it).

I have the right to ask for it not to be paid whilst I'm off (an option I have chosen which means I'll get SMP only) so that if I do not return to work, which is a possibility, I won't have to pay the CMP it back.

I'm fairly sure this is standard though and isn't individual to my workplace.

 

[Kyliem87]

Just to add - I don't know if it's the same where you are, but the CMP in my schedule (Contractual Maternity Pay) is forfeit if I do not return to work for 13 weeks after mat leave (those 13 weeks include my accrued A/L so in effect, I have to work for 10 weeks after mat leave to be entitled to it).

I have the right to ask for it not to be paid whilst I'm off (an option I have chosen which means I'll get SMP only) so that if I do not return to work, which is a possibility I won't have to pay the CMP it back.

I'm fairly sure this is standard though and isn't individual to my workplace.

My work place is 6weeks at 90% and then 33weeks at SMP and that is all. They are obliged to give me nothing else - as it happens it doesn't matter as I wasn't with them long enough (short by 1 week) and will receive only 39 weeks of MA.

 

[erikab922]

originally told I had to make up time from Antenatal apps.

All working pregnant woman in the UK have the right to paid time off for antenatal care:

https://www.adviceguide.org.uk/inde...ental_rights_at_work.htm#Timeoffforantenatalc

Your HR lady is being a lazy jackass.

 

[kat2504]

You can check out all your entitlements as a pregnant woman, including maternity pay on the direct.gov website. If necessary, you can also print off pages from this site to show to idiots who don't know how to do their job properly. It's the government website so there is absolutely no arguing with it. Anybody who works in HR ought to know everything about this already, it is a fairly basic topic they should have covered in their training.

 

[Weenie19]

Thanks ladies. I've just called Citizens Advice. They have confirmed that the "government" outlines for maternity leave will be 6 weeks at 90% and then 31 weeks at £128.73. Anything my company cough up over and above this is a bonus.

I was not aware that I continued to accrue annual leave during my Maternity leave! Is this at the usual rate (i.e. at the moment I get a little over 2days per month).

I guess if that is the case then I can tag annual leave at the end of my maternity leave and therefore be on a better income before I return to work Part time.

My original plan was to come back 2.5 days per week when baby was about 5 months old (she'll be with her daddy). That means I'll actually be off work for 6 months and therefore if I continue to earn 2 days AL per month I'll have 12 days to take at the end of the leave.

Now whether thats 12 consecutive days or 12 days towards my new part time hours I do not know (ie 2 weeks 2 days full pay or 4 extra weeks off at part time hrs) This can get very confusing - hence why I wish HR would clear it up!

Thanks again girls

 

[Siuan]

My work place is 6weeks at 90% and then 33weeks at SMP and that is all. They are obliged to give me nothing else - as it happens it doesn't matter as I wasn't with them long enough (short by 1 week) and will receive only 39 weeks of MA.

I wondered after I'd posted if that might be the case!

Well in that case - ignore the bits about CMP in my posts, that's obviously my employers being nice and boosting it a bit for the first 2 weeks and the other 12 weeks! Makes sense that it should be forfeit if I don't return too

Other than that, I think my post is right. It's 6 weeks 90% and then 33 weeks at SMP (though it's all classed as SMP so you're entitled to it no matter what)

Also - Kylie - what a bummer missing out on it by a week! How annoying!

 

[Siuan]

I was not aware that I continued to accrue annual leave during my Maternity leave! Is this at the usual rate (i.e. at the moment I get a little over 2days per month).

Well, it does here! I can't say for other places, I'm not sure. But I definitely get A/L accruing whilst I'm off at it's usual rate

 

[kat2504]

yes it is at usual rates, you get what you would have been accruing if you were at work.

 

[pixxi]

Sounds like your HR dept are a total joy! Try to get hold of your company's maternity policy as they should have the package formally recorded somewhere and double check your entitlement. I did this so that when I first wrote to HR requesting my maternity leave I was able to quote bits directly from it to show that I had read and understood my entitlement and to stop any misunderstandings.

I would also say you would be within your rights to take action against them for that discrimination - it does seem like you have been singled out which is wrong for them to do to anyone, let alone when you are pregnant and they could get in big trouble for it.

 

[Kyliem87]

My work place is 6weeks at 90% and then 33weeks at SMP and that is all. They are obliged to give me nothing else - as it happens it doesn't matter as I wasn't with them long enough (short by 1 week) and will receive only 39 weeks of MA.

I wondered after I'd posted if that might be the case!

Well in that case - ignore the bits about CMP in my posts, that's obviously my employers being nice and boosting it a bit for the first 2 weeks and the other 12 weeks! Makes sense that it should be forfeit if I don't return too

Other than that, I think my post is right. It's 6 weeks 90% and then 33 weeks at SMP (though it's all classed as SMP so you're entitled to it no matter what)

Also - Kylie - what a bummer missing out on it by a week! How annoying!

Tell me about it! lol - was one of those things I gambled with cause it took us 8months to fall pregnant the first time in Jan then lost bub in the April and decided to change things to be happier etc. starting with my job. I had my AF on the 2nd June, started at my new place on the 13th June and got my BFP on the 29th!

I'd worked for my previous employer for almost 4 years! So would have been entitled to it all but never mind those 8months of happiness beat 6weeks 90% pay over the long run I guess

 

[snowangel187]

You guys are lucky.. In the US some states don't even guarantee you job if you take off.. And nobody is required to give you a paid leave, it's solely up to the specific company you work for to decide if they'll pay you or not. And the states that do require the company hold your job I think the max is 6-8 weeks and thats unpaid..

 

[emsie_123]

Ring your union rep for a meeting with this HR person and your line manager

Simples

 

[Weenie19]

Thanks everyone. I feel much better knowing my reaction isnt all down to hormones and feel EVEN better knowing I'll probably earn another 12 days off with my baby girl through AL.

I am keeping a record of everything that happens and will take it further should it continue x

 

[emsie_123]

For me, being lucky means something good out of the "ordinary". I feel being entitled to maternity leave to care for your new born, with the promise of returning to same post after your leave, is anything else but lucky. It is how it should be for all women in all countries.

I really feel for you guys, you deserve better.

 

[Yikesy]

Thanks everyone. I feel much better knowing my reaction isnt all down to hormones and feel EVEN better knowing I'll probably earn another 12 days off with my baby girl through AL.

I am keeping a record of everything that happens and will take it further should it continue x

You will definitely accrue annual leave over the course of your maternity leave - it's the law! If you usually accrue it at a rate of two days per month as per your contract, then this is what you will accrue whilst on maternity leave. The only thing you can't do is take your holiday part way through your maternity leave; you either take it before maternity commences, stitch it onto the end, both, or take it at some other point once you're back at work. If you choose to request part time hours when you return, if this is granted, the holiday you would have accrued would be based on full time hours so they may request you take it before you return to work to make things less complicated.

P.s I'm an HR Adviser and find the way you've been treated appalling!

 

[jbeard502]

You guys are lucky.. In the US some states don't even guarantee you job if you take off.. And nobody is required to give you a paid leave, it's solely up to the specific company you work for to decide if they'll pay you or not. And the states that do require the company hold your job I think the max is 6-8 weeks and thats unpaid..

Federal law requires that your employer guarantee you 12 weeks of job protected leave under the Family and Medical Leave Act (fmla). Your employer just has the option to pay you for all, part, or none of that time. If you are fired for taking fmla leave, you can sue your employer for violating the law.