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Permanent TLR removed while on maternity

Discussion in 'Pay and conditions' started by clairek88, Apr 1, 2018.

  1. clairek88

    clairek88 New commenter

    hi, hoping for some advice before I speak to my head or the union unnecessarily. I started maternity leave in February 2017 and returned in December. On my return I noticed that my permanent TLR 2a hadn't been applied in my December pay. This was sorted out and backdated this month. However speaking to colleagues, some feel that my TLR should not have been removed when I started maternity leave and should have been kept as part of my salary when determining the maternity pay I was to receive. Looking back at payslips during the time my yearly salary clearly drops. Can anyone advise me on whether or not this should have happened?
     
  2. strawbs

    strawbs Established commenter

    check out https://www.atl.org.uk/advice-and-resources/publications/maternity-leave-and-pay
    How much statutory maternity pay am I entitled to?
    Your SMP is paid at 90 per cent of your average weekly earnings for the first six weeks. The next 33 weeks is paid at £139.58 per week (as at April 2016) or 90 per cent of your average weekly earnings, if this is lower. Your average weekly earnings are based on your earnings for the two months prior to the 15th week before your expected week of childbirth. If you receive a salary increase within this period, your employer must recalculate your maternity pay.
    SMP is treated as earnings and you will pay tax, national insurance and pension contributions on it, as appropriate. You will not pay pension contributions unless you are in receipt of at least half pay.
     
  3. Piranha

    Piranha Star commenter

    Assuming that you have calculated it correctly (you expect a small drop because of the 90%) then there is no way they can remove your TLR like this, unless it is in your contract (even then it seems dubious to me) which it won't be if you are under the Burgundy Book. I think the best approach is to mention it once ('you know that mistake with my TLR? Well, it seems to have affected my maternity pay...'). If this does not work, then speak to your union.
     
    elle125 likes this.

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