Maternity pay vs paternity

[Padan1111]

Hi All

So I need some impartial opinion on this matter!

I work for a small company in the UK, think 20 employees. We're all professionals of similar experience and qualification.
I've worked here for 12 years and had 2 babies. My company offers statutory maternity pay, which is 90% for 6 weeks and then SMP for the rest, so that is what I got both times. The employee hand book states that the company offers statutory paternity pay also, which is at the moment £145 per week.

So I found out yesterday that my male colleague took paternity leave for 2 weeks when he adopted his daughter (his wife took statutory adoption pay). He got paid his full salary during that time. One of my other colleagues (male) has a baby due in December. I asked him what he is expecting to be paid, he said 90% of his salary for 2 weeks leave.

What do you think? This feels like discrimination to me - although probably through thoughtlessness or laziness rather than intent (this is based on my knowledge of my employers). Should I bring this up with them, how should I approach it with no real evidence?

Thanks!

 

[crownest]

I don't see how you think you are being discriminated against tbh.

 

[misspriss]

Me either, where is the discrimination?

Was the male colleague with full pay taking paternity leave for paid leave of another kind (since it was full pay, my thought is holiday/vacation pay), and this is adoption leave, not paternity leave, it may be calculated differently. The second male colleague is getting 90%, same as you, for regular paternity leave. Except he only gets two weeks, you get 6 weeks at that rate, so where is the discrimination?

 

[Padan1111]

Thanks for your thoughts. I'm still not sure.

My feeling is that our company pay us the minimum amount by law, so I got 6 weeks at 90% salary and the rest SMP (£145ish/week). Paternity pay is also offered by law at the statuary minimum £145ish/week, with no period at the higher amount. But my male colleagues got paid (or are expecting to get) more than that.

So my colleague on paternity leave for adopting, which is paid the same as statuary pat leave, was on leave at the same time as me. In that two week period I got £290, whereas he got probably more like £900.

My point is that I was paid the minimum they could get away with while my colleague was not. That is what feels like discrimination.

Is that any clearer?

 

[topsy]

I got the MA when I had lo. It maybe it's at the discretion of of the employers hun? Xxx

 

[misspriss]

Are you privy to the details of what his pay actually was made up of? In the US, we could use saved vacation pay in that time too. Did he specifically say he wasn't? In our country, there is (or was) a large tax credit for adoption. Perhaps the adoption benefit in yours is paid differently?

So you are concerned your colleague who did not give birth, he adopted, received different pay.

In your OTHER example, your poor other colleague is being discriminated against. You get 6 weeks at 90%, then SMP. He just gets SMP from the get-go (no 6 weeks at 90%).

It also sounds like you need to keep your nose out of other people's paychecks.

 

[noon_child]

"The statutory weekly rate of Paternity Pay is £140.98, or 90% of your average weekly earnings (whichever is lower). Any money you get is paid in the same way as your wages, eg monthly or weekly. Tax and National Insurance will be deducted.Some employers top up paternity pay – the London School of Economics offers 2 weeks’ leave on full pay, for example - but many don’t. " Paternity leave in the UK

So it is quite possible that your company tops up Paternity pay to 90% OR tops up Paternity pay to 100%. What shouldn't be happening is that one person has paternity topped up to 100% and the other to 90% unless your employer has stated they top up till a certain weekly pay is reached.

It may feel discriminatory to top up paternity pay and not maternity pay, but it may be done to encourage more men to take their paternity leave (is it an industry with a history of low uptake of paternity leave?). Are you in a union? If you are then that would be my first place to go to challenge why one is topped up and the other not.

Whatever the truth is it should be clearly stated in your company's maternity/paternity policy. If the policy says it pays the statutory rate without topping up then yes it does sound like your male colleagues got more than they were supposed to.