# Maternity benefit clause - interpretation?



## Mauraf (10 Jan 2008)

Hi,
Can anyone please advise if the below means that my company pays an employee while on maternity leave? I am not long with the organisation, so dont want to ask yet! The following appears in the employee handbook:

" Any woman who works for more than 8 hours per week and for at least 13 weeks for the company, or a female employee who is on a fixed term contract which has at least 26 weeks left to run, has the right to return to work after maternity leave, the right to paid and unpaid maternity leave, and the right to attend all antenatal and post natal appointments in accordance with the relevant social welfare acts."

Thanks - any thoughts appreciated!

Mauraf


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## Towger (10 Jan 2008)

Sounds very wishy washy, basically it seems to say they will just follow the law and may pay maternity leave if they like. What you need to do is find out if they have paid maternity leave to others in your area/position in the past and if they have paid 'hope' they will still pay it. With the introduction of 6 months leave, many companies have stopped/or reduced their maternity pay.


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## Black Sheep (10 Jan 2008)

I wouldn't hold my breath on payment from the company.

I cant see anywhere in that quote that the company is offering to pay you.

My reading is that you have a right to paid and unpaid leave *under the Social Welfare Acts.* ie State Maternity Benefit


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## MsGinger (10 Jan 2008)

I agree with Black Sheep - there is no mention of the company making maternity payments - however depending on your position, this may be something you can negotiate on.


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## Midsummer (1 Feb 2008)

Hi - that's no guarantee of payment from the company - it sounds like they're explaining the state paid maternity benefit. 

If there is no official HR policy you need to find out if anyone else was ever paid while on m-leave in which case there is a precedent set and you should get it.


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## MsGinger (2 Feb 2008)

Midsummer said:


> If there is no official HR policy you need to find out if anyone else was ever paid while on m-leave in which case there is a precedent set and you should get it.


 
I would be interested to know if this is correct?  I would imagine that companies would be more inclined to pay maternity top up in a higher paying/senior position where the person could not so easily be replaced.  Surely this doesn't mean that they would have to pay all employees on maternity leave?


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## GOBSTOPPER (2 Feb 2008)

Alot of big companies will pay key staff a top up so they receive the same weekly pay as before maternity leave ,but they usually have clauses in the contract of employment that states there would be a claw-back if the employee doesn't return to work after maternity leave for a full year service ie. 75% claw-back if they leave before 3months  50% 6months 25% 9 months  this protects against coming back for two weeks and handing in notice after maternity leave finishes.


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## aircobra19 (2 Feb 2008)

MsGinger said:


> I would be interested to know if this is correct?  I would imagine that companies would be more inclined to pay maternity top up in a higher paying/senior position where the person could not so easily be replaced.  Surely this doesn't mean that they would have to pay all employees on maternity leave?



I know one company where only management get maternity top up. Everyone else doesn't get even if you've worked there for 10yrs etc. So I assume its common enough.


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## juneo (22 Oct 2008)

Can anyone advise me as to my entitlements? I have been employed within my organisation for the past 2 years and in this time an employee on the same middle management level as I has been on maternity leave. This individual would have had the same contract as I - and this did not outline maternity benefit entitlement however she was entitled to social welfare maternity benefit which the company 'topped-up'.

As there are no written policies and procedures with regard to paying maternity benefit, I have been on to my organisation for over a year now trying to obtain a written policy in relation to paying maternity benefit. I had brought it up on at least 2 occasions and was told that the manager would get back to me - this never happened. Anyway I am now pregnant and due to go on maternity leave from December and it is only last week that my organisation confirmed that they will not pay the maternity 'top-up'. 

Is the company obliged to pay maternity benefit if they have set a precedent?


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## Midsummer (23 Oct 2008)

I would say they definitely would have to pay it to you once they have paid it to others of equal standing & provided you have similar contracts.  

If you're pregnant at the moment I would email HR or whoever is responsible and ask for an answer on it - refer to the fact that you are aware that employees under a similar contract have been paid a top-up and that you need to know to organise your personal finances.

Maybe try the equality authority if you don't get anywhere but if you put it in writing they can't really ignore it.


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