Anonymous asked in Business & FinanceTaxesUnited Kingdom · 1 decade ago

maternity pay please help?

my partner has being in full time employment for over 18 months and is now almost 7 months pregnant she has being on the sick for the last 8 weeks due to faining threw pregnancy she is about to take her maternity leave very shortly ,her usualy working wage is around 200 a week and her sick pay as being around 60 a week when she takes her maternity she as read it wilol be 90% of her wage which would make it 180, with her being on the sick for the last 8 weeks will this afect the materninty pay

thank you simon and claire

1 Answer

  • Anonymous
    1 decade ago
    Favorite Answer

    I think claire's illness has fallen wrong for her to receive the maximum.

    The period over which the average earnings is calcuted is the 8 week period up to 15 weeks before the expected birth so roughly from 17th week of pregnancy to 25th week. It looks as if she went on sick pay round about the 19th week so only 2 weeks wages and 6 weeks sick pay will count.

    But the only people who can tell her exactly are her employers based on her contract and the employers written rules in staff handbooks etc.

    this is an extract from the government website on maternity leave

    "How is my SMP worked out?

    The important date for working out your SMP is the date your baby is due not when your baby is actually born. The week in which your baby is due is referred to as the EWC – expected week of childbirth.

    Your employer will look at your gross earnings paid to you in a set period. This is usually the eight week period up to and including the 15th week before your EWC. The period your employer uses may vary depending on how often you are paid –weekly, monthly or other intervals.

    As a result of a judgement by the European Court of Justice, if your employer awards a pay rise which is effective at any time from the start of the set period used to work out your SMP and the end of your maternity leave your employer must work out your SMP again and pay you any balance due to you. For more information about this judgement and its impact on your SMP see some questions and answers about the ECJ Judgment.

    See leaflet NI 17A – A Guide to Maternity Benefits or speak to your employer for more details of how your SMP is worked out. "

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