# Employer refusing full maternity



## Babooshka (27 May 2008)

Is an employer (who owns the company) entitled to tell staff they may only take 4 months maternity leave when the entitlement is for 26 weeks? What comeback would you have? 

Also, what do people do when the employer will not pay the top up? My friend is in this situation and will not survive on the benefit payment, she is at wits end and may lose her home as cannot keep up mortgage payments.


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## Soldier (27 May 2008)

no he isnt allowed to tell her she can only take 4 months. she is entitled to 26 weeks and he cannot stop her taking it or she can sue him she can also take a furhter 16 weeks unpaid leave as well if she wants but she will not get any money from social welfare if she takes this. no employer has to pay their employee when on maternity leave. usually only government jobs do this unless there is a policy in place. for the 26 weeks she will only get social welfare the employer doesnt have to top it up.


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## Joe1234 (27 May 2008)

Babooshka said:


> what do people do when the employer will not pay the top up? My friend is in this situation and will not survive on the benefit payment, she is at wits end and may lose her home as cannot keep up mortgage payments.



The employer is not obliged to top up anyone's wages while they are on maternity leave.  Would she qualify for family income supplement after the child is born?


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## sandrat (28 May 2008)

Babooshka said:


> she is at wits end and may lose her home as cannot keep up mortgage payments.


 
Maybe she should look into a mortgage payment holiday to help her out while she is off (usually 3 months) thats what i plan on doing when taking unpaid leave. Or else talk to bank and switch to interest only for a while. Perhaps her employer is willing to pay the top up for 4 months only? She should also remember that she will be entitled to child benefit and early childhood supplement once the baby is born - not a huge amount but it all adds up.


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## Captin Sobel (28 May 2008)

Babooshka said:


> Is an employer (who owns the company) entitled to tell staff they may only take 4 months maternity leave when the entitlement is for 26 weeks? What comeback would you have?
> 
> Also, what do people do when the employer will not pay the top up? My friend is in this situation and will not survive on the benefit payment, she is at wits end and may lose her home as cannot keep up mortgage payments.



http://www.citizensinformation.ie/c...olidays/maternity_leave/?searchterm=maternity

Get it in writing that they wont give the 26 weeks. Then go from there, all the talk is worth nothing without having it in writing, then you have real options, like showing it to your solicitor - they would be very happy to take such a case.


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## ClubMan (28 May 2008)

Maybe it's a case of misunderstanding on the employer's part or a communications breakdown between employer and employee rather than anything necessarily nefarious? First step should probably be to collect the facts relating to statutory entitlements (e.g. above) and then discuss them calmly and reasonably with the employer - rather than running off to a solicitor or whatever in the first instance.

As pointed out above salary payment during maternity leave is a contractual matter between employee and employer.


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## Captin Sobel (28 May 2008)

sandrat said:


> Maybe she should look into a mortgage payment holiday to help her out while she is off (usually 3 months) thats what i plan on doing when taking unpaid leave. Or else talk to bank and switch to interest only for a while. Perhaps her employer is willing to pay the top up for 4 months only? She should also remember that she will be entitled to child benefit and early childhood supplement once the baby is born - not a huge amount but it all adds up.



At a max its 3092 for the year.


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## Mel (28 May 2008)

ClubMan said:


> Maybe it's a case of misunderstanding on the employer's part or a communications breakdown between employer and employee rather than anything necessarily nefarious?


 
I'd be inclined to agree - Might it be that they will pay top-up for 4 months only? That would be a fairly common arrangement.


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## ClubMan (28 May 2008)

Mel said:


> I'd be inclined to agree - Might it be that they will pay top-up for 4 months only? That would be a fairly common arrangement.


Actually I was not referring to the issue of salary during maternity leave other than to say that there is no statutory entitlement to this. It is not unusual for employers *NOT *to pay *anything*. As mentioned above this is purely a contractual matter. The other issue of statutory maternity leave entitlements is the one that I was concentrating on.


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## gnubbit (28 May 2008)

ClubMan said:


> It is not unusual for employers *NOT *to pay *anything*.



The Plain English people would love this 

Do you mean 'It's usual for employers to pay nothing'?

(Ok, ok, I know there are subtle differences in meaning.)


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## Mel (28 May 2008)

ClubMan said:


> Actually I was not referring to the issue of salary during maternity leave other than to say that there is no statutory entitlement to this. It is not unusual for employers *NOT *to pay *anything*.


 
Fair enough, but the fact that they seem to be allowing 4 months maternity leave indicated to me that that is where there might be a misunderstanding.

As for the plain english... http://www.plainenglish.co.uk/


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## ClubMan (28 May 2008)

gnubbit said:


> The Plain English people would love this
> 
> Do you mean 'It's usual for employers to pay nothing'?
> 
> (Ok, ok, I know there are subtle differences in meaning.)





Mel said:


> As for the plain english... http://www.plainenglish.co.uk/


Yeah - whatever....


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## orka (28 May 2008)

Babooshka said:


> Is an employer (who owns the company) entitled to tell staff they may only take 4 months maternity leave when the entitlement is for 26 weeks? What comeback would you have?
> 
> Also, what do people do when the employer will not pay the top up? My friend is in this situation and will not survive on the benefit payment, she is at wits end and may lose her home as cannot keep up mortgage payments.


If she is at her wits end about the financial cost of being off for 6 months, she could soften this somewhat AND keep her employer happy by only taking 4 months leave.  She might even be able to negotiate a partial top-up in return for taking a shorter-than-statutory maternity leave.  14 weeks + optional unpaid 4 weeks was the standard leave until a few years ago and babies and parents survived - and certainly if repossession is the alterative this should be seriously considered.


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## sandrat (28 May 2008)

Captin Sobel said:


> At a max its 3092 for the year.


 
im sure she wont be off work for the year if she is afraid of losing her house and she will also get up to 280 a week maternity benefit.


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## ClubMan (28 May 2008)

sandrat said:


> she will also get up to 280 a week maternity benefit.


We don't know for sure that she qualifies for the maximum _MB _payment. Besides I doubt that there are too many mortgagees who could service their loan and living expenses on _MB, CB _and _ECS _payments alone!


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## ClubMan (28 May 2008)

orka said:


> If she is at her wits end about the financial cost of being off for 6 months, she could soften this somewhat AND keep her employer happy by only taking 4 months leave.  She might even be able to negotiate a partial top-up in return for taking a shorter-than-statutory maternity leave.  14 weeks + optional unpaid 4 weeks was the standard leave until a few years ago and babies and parents survived - and certainly if repossession is the alterative this should be seriously considered.


Another option after the birth might be unpaid _Parental Leave _taken after consultation/agreement with her employer? See www.citizensinformation.ie for more info.


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## sandrat (28 May 2008)

ClubMan said:


> We don't know for sure that she qualifies for the maximum _MB _payment. Besides I doubt that there are too many mortgagees who could service their loan and living expenses on _MB, CB _and _ECS _payments alone!


 
Thats why i said up to 280 per week.

Also I suggested taking payment holidays on loans.

As another poster suggested she does not have to take the full 26 weeks if she can't afford it. You only *have* to take 2 weeks before baby is due and 4 weeks after.
Maybe she should have looked into the details in her contract/ company policy before getting pregnant if she is going to lose her house over it?


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## ClubMan (28 May 2008)

sandrat said:


> Thats why i said up to 280 per week.


Sorry - missed that! 


> Also I suggested taking payment holidays on loans.
> 
> As another poster suggested she does not have to take the full 26 weeks if she can't afford it. You only *have* to take 2 weeks before baby is due and 4 weeks after.
> Maybe she should have looked into the details in her contract/ company policy before getting pregnant if she is going to lose her house over it?


All fair points in my opinion.


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## Bronte (29 May 2008)

Do creches take babies at only 4 weeks?  4 weeks is not a lot of time for bonding.  This is more important than any house.  In my personal opinion I wouldn't consider that healthy for mother, baby or society and can't believe anyone would suggest it.


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## sandrat (29 May 2008)

All I was saying was she is not forced to take all the leave so she cannot complain that she can't afford it if she intends on taking all the leave. My mother had to go back to work when my sister was 4 weeks old because of the length of maternity leave 28 years ago and my sister being quite overdue! I didn't suggest she goes back to work then. I actually suggested she take a mortgage holiday for 3 months. Maybe she could go back to work when this is over and the baby is 3 months?


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## Welfarite (29 May 2008)

Is she a lone parent?


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## ajapale (29 May 2008)

I considered moving this thread from  Welfare and State Benefits to  Work /Careers  which is where employer/employee rights responsibilities (including maternity rights) are discussed but have decided to leave it in Welfare and State Benefits for the time being.

Posts which are not constructive, off topic, consist of personalised remarks or are rants will be (and have been removed).

aj Moderator


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