Maternity Benefits

C

cityslicker

Registered User
Messages
18
Hi all,
My wife works for a small department in a large company.She is taking maternity leave very shortly.She just found out that the company will not be topping up her wages.Instead she will only get the standard state benefit.Her last two collagues both got top ups from the company onto their state benefit when they went on maternity leave.All work in same job and my wife has same amount of years and more worked for company.No mention of maternity leave in contracts.I'm wondering is the company entitled to do this.Any help appreciated.
Cityslicker
 
As far as I am aware, there is an obligation on employers to treat employees
fairly wrt maternity topup pay.
There may be more information on www.oasis.gov.ie but I cant find it
at the moment.
 
Hi there,

it seems a bit unfair that she won't get her wages topped up even though two of her colleagues did. But as far as i'm aware there are not obliged to top up anyone's wages, its totally at their discretion.

They probably allowed it for the first colleague but started rethinking their policy when the second also wanted to be paid.
 
Probably the fact that Maternity Leave has been extended as well has probably had some influence on the decision not to top-up. Most people don't get the top-up.
 
While it may seem unfair, there is no statutory obligation on any employer to pay an employee under the Payment of Wages legislation or under the Maternity Protection legislation while on maternity leave. In other words, her employer is not required by law to provide pay to your wife while she is on maternity leave.

The fact that other employees have in the past received pay while on maternity leave is irrelevant from a pay perspective as employers have discretion in such circumstances. Payments of salary are a matter of negotiation between you and your employer.

She may have grounds to make a complaint under the Employment Equality legislation if she can prove that the fact she is not being paid while on maternity leave while others have is linked to 1 of the 9 grounds covered by equality legislation. For your information, they are:
  • marital status;
  • gender
  • family status;
  • age;
  • disability;
  • race;
  • sexual orientation;
  • religious belief; and
  • membership of the Traveller Community.
In other words, if she can prove that she is not being paid while on maternity leave on the basis of her religious beliefs, marital status, age, disability or any of the other 9 grounds above, she may have a case.

On another note, I don't think it is usual that maternity leave, pay etc. would be specifically mentioned in an employment contract for a female employee. It is more usual for 'leave' to be mentioned and the specific provisions regarding procedures in the workplace are usually held by HR Unit.

The fact the Maternity Protection legislation was amended earlier in 2006 to provide more favourable rights for those on maternity leave has nothing to do with the fact that employers are still not obliged to pay employees while on maternity leave.

I have just verified the above information with both the Employment Rights Information Unit at the Dept. Enterprise, Trade and Employment, and separately, the Equality Authority on your behalf and it is correct.

CMCR.
 
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