However, the legislation does not prevent an employer from paying the full amount of the worker`s potential entitled to an SMP – see the comparative agreements – SMP points see below. You must notify your employer at least 15 weeks before the start of the due week if you intend to take legal maternity leave. Of course, you may not have recognized that you are pregnant, in which case you should report it to your employer as soon as possible if you missed the deadline. You must inform them that you are pregnant, when the baby is due and when you want to start your maternity leave, even if you can change it later, provided you are informed at least 28 days in advance. HMRC confirmed this complaint that the applicant should be paid separately sMP, since it had not been included in the settlement agreement. While it was regrettable that the ACAS official did not properly advise the impact of the agreement on the SMP, ACAS is independent of HMRC and the actions or omissions of ACAS could not compromise HMRC`s proper application of the law. Your co-worker must provide you with medical proof (usually a MATB1 maternity certificate form) of the baby`s due date and date of birth. You can accept a birth certificate as proof of the date of birth. The fact that you are on maternity leave does not prevent your employer alone from considering real disciplinary issues (when he should not contact you at all in the first two weeks of your maternity leave).
However, your employer must be careful not to be disadvantaged during the disciplinary process because you are on maternity leave, otherwise it could be discrimination on the basis of motherhood. This case serves as a warning to employers that if the right to PMS is to be included in a transaction contract and it must be effectively revoked, this must be explicitly stated. In addition, the MFN should be recognizable in a breakdown of compensation, which indicates how it was calculated and that they were subject to appropriate tax and national deductions. Employers must ensure that if you are made redundant during your pregnancy or maternity leave, you are automatically entitled to a written statement without having to ask for it (regardless of your length of service). Workers on maternity leave are not exempt from redundancy or dismissal due to redundancies in a situation of actual redundancy where there is no other suitable job. It is up to you to know how much of your right to maternity leave you want to take when you must take at least two weeks after birth. A worker must take a mandatory maternity leave of 2 weeks – or 4 weeks if working in a factory – immediately after the child`s date of birth and cannot work or use a KIT day during that time. A salary increase cannot be withheld for maternity leave.
What to do when a worker retires, falls ill, dies or receives a pay increase. This is a difficult decision for the employer and the head of CASA, and it is certainly a subject that must be considered when concluding a COT3 for people on maternity or paternity leave. If you only take the usual maternity leave (the first 26 weeks) or if you return before the end of the regular maternity leave, you have the right to return to your original role under the same conditions as before your maternity leave. Many employers manage extended contractual maternity benefit schemes.