pages in this section
- Results of the study on discrimination in pregnancy and motherhood
- Our recommendations for dealing with discrimination in pregnancy and motherhood
- Help and support for employers
- Employee assistance and support
- Frequently Asked Questions about the staff
- shock force
- case study-video
- Additional sources of help and support
Does my employer have to pay me Statutory Pregnancy Benefit (SMP)?
Employers must pay SMP to all eligible employees. To qualify, you must have worked for 26 weeks before the 15th week before your due date and earn minimum wage. To look:https://www.gov.uk/maternity-pay-leave/overview.
How long am I entitled to the Statutory Maternity Allowance (ABP)?
You are entitled to 39 weeks of SMP. 90% of your salary in the first six weeks. The rest of the time is payable at a flat rate of £138.18 as of February 2015. The amount increases from year to year.https://www.gov.uk/maternity-pay-leave/overview
Can my employer reclaim Statutory Maternity Allowance (SMP) from the government?
Yes. All employers can withdraw the AMM. Small employers can recover 103% of the amount paid. Small employers are those whose national insurance contributions do not exceed £45,000 per annum. Some employers don't know they can return to SMP, so it's best to make sure they do. Also see:british government
If I am fired while on maternity leave, will I have to repay my Statutory Maternity Allowance (SMP)?
It's not possible. Once you qualify for SMP, you must be paid for the entire 39-week period. It is illegal for your employer to stop paying SMP because you have been fired or quit.
If I decide to stop working, will I have to pay back my Statutory Maternity Allowance (SMP)?
Even if you don't plan to return to work, your employer must pay for the full 39 weeks of SMP. You cannot be obliged to pay back.
For situations that affect wages, even if you work for another employer or receive a pay rise, see:https://www.gov.uk/statutory-maternity-pay-employee-conditions-affecting-pay#employee-isnt-returning-to-work.
If I decide to stop working, will I have to repay the contractual maternity benefit if my employer pays me more than the statutory minimum wage?
Check your contract and ask your employer or HR team what you are entitled to. If you do not continue to work or only work minimally after maternity leave, you may have to repay the contractual wage above the SMP. If your employer itself has breached the contract, for example by discriminating against you, your employer may not be able to rely on the contract to claim reimbursement.
Am I obliged to pay my contractual maternity salary, even if I am fired?
Only if your contract states that you have to pay back if you are fired.
Many employers will not apply contractual maternity benefits if an employee is laid off, but this is a matter of negotiation.
Will my employment contract continue during my maternity leave so that I can remain employed?
Yes, unless you are fired, resign or terminate your fixed term contract without renewal, in which case you are no longer employed.
Each period of maternity leave is treated as working for years of service to receive service-related benefits, termination benefits, or claims for unfair dismissal.
Will the benefits of my employment contract be maintained during maternity leave?
Yes. Benefits and contractual obligations continue during maternity leave, with the exception of regular pay and benefits reserved for business use (such as a company car). Examples include:
- Social security contributions for the pay period. Employer contributions are based on regular pay, but your contributions are based on maternity pay.
- Participate in wealth plans.
- Membership in a health club.
- Reimbursement of professional subscription fees.
- Health and life insurance.
- Use a company car, unless it is for business use only.
- Use cell phones, laptops except for business purposes.
- Benefits of salary increase.
Do my employer's policies and procedures still apply to me while on maternity leave?
You and your employer are bound by an employment contract. This means that if you do not take maternity leave, all policies and procedures will apply, unless your employer needs to make special arrangements to remedy any disadvantage arising from maternity leave. For example, you may not attend a disciplinary meeting or interview immediately after childbirth.
Am I entitled to the same surcharge as other employees during maternity leave?
Yes. You must get the same pay raise as any other employee. The salary increase must be reflected in the statutory means-tested maternity pay (being 90% of the salary for the first six weeks of maternity leave) and any contractual maternity pay. not doing this can bebirth discrimination.
Example: You receive a contractual maternity benefit based on your salary and the employee receives a 2% surcharge at the annual salary review. Failure to include this in your maternity benefit agreement constitutes unlawful discrimination. Your contractual maternity benefit must be recalculated, so it is based on your salary plus a 2% increase.
I was told I will not receive a bonus while on maternity leave. Is this allowed?
This is generally true except for mandatory time off unless your contract says you must get a bonus.
The general rule is that before maternity leave and during mandatory leave you will receive the same bonuses as any other employee. But you are not entitled to the allowance for the rest of your maternity leave.
There may be some exceptions, such as if all employees receive a discretionary loyalty bonus regardless of whether they worked during the year. As the legal situation is unclear and depends on the facts of your case, you should seek legal advice about your rights.
Does my employer have to pay my super during my maternity leave and do I also have to contribute?
Yes, at least the paid part of the maternity leave. Your contributions are based on your actual income, whether statutory or contractual maternity benefits. The employer's contribution is calculated on the salary you would have received if you had not taken maternity leave.
It is wise to check your pension terms as some plans allow you to enjoy your contributions while on maternity leave.
What happens during maternity leave if I sacrifice my salary for childcare vouchers?
It is uncertain whether the entitlement to childcare vouchers continues during maternity leave above the statutory maternity benefit. Because they cannot be converted into cash, they must be held like any other non-monetary contractual benefit.
Am I entitled to Sickness Benefit if I fall ill during maternity leave?
It's not possible. During maternity leave you are not entitled to statutory sick pay or sick pay under the contract. After you return to work, you are entitled to sick pay just like any other employee.
I have booked a training; Can my employer cancel it because I am on maternity leave?
Your training cannot be canceled because you are on maternity leave, unless you agree. It could be birth discrimination. You can agree to postpone the course, for example if the training is overdue when you return from maternity leave, or you want to take advantage of "keep in touch" days to attend the training. It is best to discuss these options with your employer.
Can my employer refuse if I want to follow a course during my maternity leave?
You should be given the opportunity to participate in training during your maternity leave, especially if it affects your career or salary. If you are excluded from a course because you are on maternity leave, pregnancy discrimination is likely to occur if it puts you at a disadvantage, for example if you are not eligible for a raise or promotion.
You can also agree to train at another time. It is best to discuss this issue with your employer.
However, if you do not want to participate in the training, you do not have to. You can try to schedule the training shortly after your return to work.
I'm supposed to have a performance review, but my manager says it's not necessary because I'm going on maternity leave. What should I do?
It depends on whether you are disadvantaged by missing a performance review, for example if a raise or promotion is contingent on your performance review. You can request a review before or during maternity leave. you can use onekeep in touchCome to work for a day for a performance review. If you are disadvantaged by not commenting, this may bebirth discrimination.
Can I apply for a promotion while on maternity leave?
Yes. There is no reason not to apply while on maternity leave. If you are discouraged from applying for a promotion, or denied a promotion because you were on maternity leave, that is pregnancy discrimination. Your employer may not consider your maternity leave when deciding whether to hire or promote you.
I was told I would get a promotion but I haven't heard anything and I think it's because I'm on maternity leave. What can I do?
You cannot be denied a promotion because you are on maternity leave. If your employer decides not to promote you because you're on maternity leave, then it isbirth discrimination. Discuss your promotion with your manager.
I have heard that my maternity leave has increased while on leave and I am going to report it to her. What can I do?
This may be the case if you were not aware of promotion opportunities and would have applied if you had not taken time off.birth discrimination.You must be informed and given the opportunity to apply.
You need to find out if you will go back to the same job. If some of your duties were waived because you were on maternity leave, so be itbirth discrimination.
Last updated: February 20, 2017
FAQs
Can you get promoted while on maternity leave? ›
There is no reason why you should not apply for promotion when you are on maternity leave. Your employer must not discourage you from applying for promotion, or refuse to promote you, because you are on maternity leave, as this would be likely to be maternity discrimination .
When should you break up for maternity leave? ›Unless specified by your employer, you can continue working right up until your due date if you wanted to. However it's usual to take your leave a week or two before your due date, to avoid the stress of going into labour at work and ensure the safe, planned arrival of your baby.
How does maternity leave affect your career? ›Negative effects of maternity leave on career
Unconscious bias among colleagues: Without realizing it, co-workers and supervisors can contribute to the negativity by presuming a woman isn't as present, motivated, or interested.
There are three main types of pay that an employee can receive during their maternity leave: Statutory Maternity Pay, Occupational Maternity Pay and Maternity Allowance.
Does pregnancy affect promotion? ›Like some mums-to-be, you may feel your pregnancy has come at a time when you should be climbing the corporate ladder. However, your career does not have to end because you are pregnant. It is important to understand that you don't have to choose work over your family or vice versa.
Can I be denied a promotion because I'm pregnant? ›An agency may not terminate, deny assignments to, or deny promotions to an employee because of her pregnancy, childbirth, or related medical condition.