Maternity pay riddle
Question
I'm pregnant and unsure what benefits I'm entitled to during ordinary maternity leave. My employer pays me a salary and a car allowance. Will I continue to receive both during the first 26 weeks of maternity leave, or does it count as 'salary' and cease to be paid after the first six weeks at 90% of pay?
My company say I will not continue to receive car allowance during OML, but I've heard conflicting views and believe I may be entitled to it. How do I pursue this?
Answer
The rules surrounding your contractual rights during maternity leave are changing during 2008.
As explained in the booklet Pregnancy and Work - What you need to know as an employee (pdf): If your baby is due before 5 October 2008: your employer must continue to give you any contractual benefits you would normally receive if you were at work during the first 26 weeks' maternity leave (ordinary maternity leave). You aren't entitled to these in the second 26 weeks (additional maternity leave) although your employer may continue to offer contractual benefits during this period.
However, if your baby is due on or after 5 October 2008, your employer must continue to provide these benefits throughout your maternity leave.
Either way, you remain an employee throughout your ordinary maternity leave and additional maternity leave (if you take it). All of your statutory rights, for example: not to be unfairly dismissed; to accrue holiday under the Working Time Regulations; and your right not to be discriminated against, continue.
For more information you could talk to one of the employment law advisors at the ACAS helpline on 08457 474747.
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Question answered by CAB
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