Maternity pay

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desparate

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I am currently on 2 days a week unpaid leave, which is due to end this summer. At this point I will return to full time work. I am due in the autumn and wonder will this 6mth period of 2days a week unpaid leave affect the top up from my employer. While I work in private sector my employer provides same rights as public sector in relation to maternity leave. I am with my employer 12yrs so have full contributions for state benefit.
 
My employer does provide full top up of pay on maternity benefit. I'm querying whether the 2day a week unpaid leave could affect this top up?
 
desparate said:
My employer does provide full top up of pay on maternity benefit. I'm querying whether the 2day a week unpaid leave could affect this top up?
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There are two issues here i.e. your contracted hours and the actual hours you have been working. Let's say you have been working a 40 hour week and you reduced your hours "on a handshake" to 38 hours. You go on maternity leave. Your employer can legitimately base maternity "top up" wages on 38 hours weekly. I am not saying you employer will continue to deduct the 2 hours but the option is there.
 
was this two days a week parental leave? If so, you won't be impacted, just make sure to check what notice period you need to give to stop the parental leave and stop it before you intend to start maternity leave. If however it is normal unpaid leave and you changed your contract accordingly, then you will only be eligible to get 3 days a week pay while you are on maternity leave, although you will get the full state benefit if you qualify for that.
 
If you took the 2 days as official parental leave you will be entitled to full top up for 5 days on maternity leave.
 
Has there been a similar situation in the Company before yours. If so custom and practice may come into play here.
 
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