Not sure I follow what you mean? If it's unpaid leave, surely there's nothing to deduct? Do you mean you've taken too many days off and they've already paid to you so they're deducting that from your SMP?
I'm not an expert but I suppose there's nothing to stop them, however I would give the SMP advice line a call. i found them really helpful.
I'm guessing you mean that they are classing some of the days of your maternity leave as unpaid leave? I would def be asking them why they are doing this as Maternity pay is a stat amount and unless you owe them money or time they should not be deducting anything from it. X
I am contracted to Tuesday, Thursday and Friday each week but before we were taken over we used to have the first Friday off. My manager didn't want to change my contract so she kept it as 3 days a week and just did unpaid leave each Friday that I didn't work. She's taken it off for January even though my Maternity Leave started on 30th December.
Your smp is based on your earnings during a very defined period of your pregnàncy. As such your pay would only be what you actually earned and would have taken into account deductions. So from what you've said they have no right to further deduct it as it has been done already.
While on maternity you can only get maternity pay. So for example I was taking 2 weeks annual leave before maternity buy baby came a week early so I could only have 1 week annual leave and maternity started the day lo was born.
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