"Top up" Maternity Pay - should it be recommended?

M

MOB

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"Top up" Maternity Pay - should it be recommended?

The solicitors profession is currently debating whether it should be obligatory (or at least recommended practice) to pay full salary while on maternity leave.

I have my own (fairly fixed, I must admit) views, but would be interested to hear what others think.
 
Re: Paid Maternity Leave

"Top-up" maternity pay is a between the employer and the employee and is not a statutory right.
Payment during maternity leave is normally provided through Maternity Benefit, which is a Department of Social and Family Affairs payment. Some employment contracts allow for additional payment rights during the leave period, for example, that the employee will receive full pay, less the amount of Maternity Benefit payable.
The employee is at liberty to negotiate terms under which they do not pay this. However if they agree to an employment contract which guarantees to pay it then they are obliged to do so even if the employee decides to time a resignation to tie in with the end of the maternity leave.
 
Re: Paid Maternity Leave

To answers MOBs initial request -

I don't think it is a good idea to have it obligatory. This would place a significant strain on an employer. They have to pay for the replacement employee (on contract, presumably more expensive when dealing with professionals) and if the top-up were obligatory they would also have to pay their non-productive employee.

The fact that the employee is non-productive is not the issue here - they are on statutory leave which they are entitled to - but the fact that the employers outgoings would be further increased is relevant. This could have an adverse impact on some employers profitability.

I think it would be a good idea to recommend it as suggested practice, but not to make it obligatory.

z
 
Top Up Maternity pay

Hi MOB,

I copied and pruned this post to include reference only to the substantive issue of whether Top Up Maternity pay should be reccommended or not.

Discussions concerning the ethical issue of women resigning after maternity leave is dealt with here.

ajapale
 
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