So, they decided to tell me they wasn't going to pay my maternity pay on PAY DAY!

[PumpkinPatchx]

Oh, my, god. I'm so fuming... I bloody hate my work! Yesterday I went to go and check the bank at 10am - nothing had been paid in. I was due to receive maternity pay yesterday from 16th May - I got told throughout by HR since April - yes, your entitled to Maternity pay etc etc, I was on the sick from Jan with sick note to May due to being in & out of Hospital and even then HR said yes, it's ok you're entitled to our maternity pay. Anyway, babbling away - They told me check my bank by 3pm it should be in by then. I had a phone call at quarter to three for me to come in to tell me I'm not entitled to maternity pay due to being on sick from Jan and that they haven't paid me for the month.. So I've got about £3 to my name and I'm due to give birth in 24 days! I'm so so stressing - I know I can get maternity pay off the government, but it takes four - five weeks to process xx

 

[Anderson8]

were you on paid sick leave?
either way they should still be paying you SMP, depending how long you have been there.
i think you should give Citizens Advice a quick call

 

[PumpkinPatchx]

I had Sick pay but only satouray sick pay. But they told me they was gonna pay me through out of May, then come payday they said they won't pay me the SMP will take weeks to go through - Can't get any help off the job center as I am classed as "full time employed.." xx

 

[sw121]

So I'm guessing that for the weeks they use to calculate your average pay you were in receipt of SSP, which is below the amount you need to earn to receive SMP?

Have they given you an SMP1 form to formally inform you why they can't pay SMP? Is there any hardship grant that the job centre could sort out whilst they process your Mat Allowance? Have you got anything in writing from your employer where they stated they would pay you SMP - if so, maybe you can use this to show the JC that none of this is your fault.

 

[raisin]

If you are based in UK you should still be entitled to mat pay, provided you have worked for the company for 26 weeks at the 15th week before your due date. At least that's my understanding of it.

They can't not give you mat pay because you went sick. For the time you were sick you should either get company sick pay or statutory sick pay if they don't pay for sickness. The only thing they are legally allowed to do is start your mat leave early if you are sick due to pregnancy related illness 4 weeks before your due date.

Definitely check with citizens advice or ACAS. The ACAS helpline is free and they offer support and advice. The number is 08457 47 47 47.

 

[sw121]

If you are based in UK you should still be entitled to mat pay, provided you have worked for the company for 26 weeks at the 15th week before your due date. At least that's my understanding of it.

They can't not give you mat pay because you went sick. For the time you were sick you should either get company sick pay or statutory sick pay if they don't pay for sickness. The only thing they are legally allowed to do is start your mat leave early if you are sick due to pregnancy related illness 4 weeks before your due date.

Definitely check with citizens advice or ACAS. The ACAS helpline is free and they offer support and advice. The number is 08457 47 47 47.

The problem is you also have to earn over the lower earnings limit to be eligible for SMP - which is £102 a week. SSP is only £81 a week, so if you're only on SSP for the 8 weeks they use the calculate average earnings then it would mean you would not be eligible for SMP.

 

[littleblonde]

i think you have to earn over 90 a week for smp!not sure how that works if off sick. It would be better for you if you got ma in long run. As smp would be 90% or ur ssp. Where as ma can be 90% of ur earnings. The test period is 66 weeks so longer than ma. You need an smp1 form from your employer to prove they cant pay smp else you wont ma either till you do. Id be fuming if i where you

 

[raisin]

If you are based in UK you should still be entitled to mat pay, provided you have worked for the company for 26 weeks at the 15th week before your due date. At least that's my understanding of it.

They can't not give you mat pay because you went sick. For the time you were sick you should either get company sick pay or statutory sick pay if they don't pay for sickness. The only thing they are legally allowed to do is start your mat leave early if you are sick due to pregnancy related illness 4 weeks before your due date.

Definitely check with citizens advice or ACAS. The ACAS helpline is free and they offer support and advice. The number is 08457 47 47 47.

The problem is you also have to earn over the lower earnings limit to be eligible for SMP - which is £102 a week. SSP is only £81 a week, so if you're only on SSP for the 8 weeks they use the calculate average earnings then it would mean you would not be eligible for SMP.

Oh gosh, that's rubbish!

 

[kandbumpx]

I know how you feel my work did exactly the same to me and another work mate that I work with!
They said they would pay me maternity pay.. But then refused it on the day I was supposed to be paid, and I was like why!? I'd worked with them 3 years!! Anyway, I went on sick after they refused it me, as I couldn't work for sciatica problems (I was 31 weeks) then work sent a letter to my home (when they had received my sick note) saying they will be paying me maternity pay starting from the Monday!? They're just useless!!

And as my work mate she was on sick from 23weeks and they said they'd pay her maternity pay from 29 weeks and they were saying "oh we can't cause you've been on sick" so she went to citizens advice and went from there. And they sorted it out for her.. So your best bet it so give them a call

Good luck

 

[Mummytofour]

I think the whole system is confusing for both employer and employees tbh!

Hope you can get it sorted.

 

[MrsG-L]

Good luck with getting through to the CAB they are so busy.

I had this worry after being sick for 10 weeks with SPD but I spoke to my payrole department and they 'bent the rules' as I had no previous sick record and took measures to ensure I was not sick (reduced my working week) - I know this wont help you now but may give you a bargainning tool with them.

Also when you handed them your MatB1 form at approx 25 weeks, they should have returned it to you with reasons why the were not going to pay you. This would have allowed you the time to get the Maternity Allowance forms and get them all sorted in time. Sounds to me like they have been a bit underhanded, you need to get your MatB1 back, I would demand that it be posted next day delivery this evening so you have it tomorrow and you can get this all sorted.

Hope you sort this all out xx

 

[magicbubble]

im sure that being off sick shouldnt affect your maternity pay. they just ask that you have been employed by the employer for the last 6 months of pregnancy dont they? which you were. i would check your rights cos they sound wrong to me

 

[leahsbabybump]

oh my goodness that terrible cant you go and explain to your local job centre whats happened and they may let you claim hardship whilst you are waiting for a decision or they may give you a small crisis loan to tide you over :-/

 

[PumpkinPatchx]

Yep - because I was earning £81 per week I'm not entitled to it as minimum has to be £92 per week quite shocking really, but really did piss me off as through out they was telling me I don't need a sick note.. We will pay you I can assure you.. even on payday until 3pm they was telling me I was getting paid. Luckily, I'm not a single parent as I would of been in so much trouble with bills, rent, food etc. I rang up crisis loan got the most rude man (I think the job center people talk to you like a piece of scum..!) saying it's only there for people who need it.. not abusing it, your lucky most people can't find work.. you can get any money out of us. In the end I just hung up because I was so peed off with him.. So now, just gotta pop in the form which takes six weeks to process.. So will be looking at end of July/August before I receive anything at all. Xx

 

[Emma 21]

hun i hope u get sorted... i know its diff but jobcentre did this to me with my first they calculated my maternity allowance told me wat i would get then 3 days b4 i was due to give birth they sed i daint get it... n wudnt get nothing. the whole system is ridiculous

 

[staceyjc18]

hun i hope u get sorted... i know its diff but jobcentre did this to me with my first they calculated my maternity allowance told me wat i would get then 3 days b4 i was due to give birth they sed i daint get it... n wudnt get nothing. the whole system is ridiculous

Sorry to sound nosey but can i just ask why you werent entitled to MA? Im still waiting to hear! Eeekk xx

 

[sw121]

Yep - because I was earning £81 per week I'm not entitled to it as minimum has to be £92 per week quite shocking really, but really did piss me off as through out they was telling me I don't need a sick note.. We will pay you I can assure you.. even on payday until 3pm they was telling me I was getting paid. Luckily, I'm not a single parent as I would of been in so much trouble with bills, rent, food etc. I rang up crisis loan got the most rude man (I think the job center people talk to you like a piece of scum..!) saying it's only there for people who need it.. not abusing it, your lucky most people can't find work.. you can get any money out of us. In the end I just hung up because I was so peed off with him.. So now, just gotta pop in the form which takes six weeks to process.. So will be looking at end of July/August before I receive anything at all. Xx

Can't believe they accused you of trying to abuse the system when you've been shafted by your employer! It seems that those who work for a living get treated like scum, but they throw money at people who don't work.

Will they back date your MA?

 

[Laws2008]

I know this probably doesn't help but it takes around 4 weeks at the moment to hear back about MA. I have to claim it as I worked as a supply teacher before going on maternity leave so didn't have a fixed income and couldn't claim maternity pay from my agency. I completed the forms and sent them off on May 5th and have literally had the reply letter through my door this morning. I did phone them to check on my application and they said it would've gone through quicker if I had filled the forms in at the jobcentre instead of downloading them and completing them at home, so might be worth going down that route if you can!