Dec12

Maternity Pay 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. Take a copy of the MATB1 maternity certificate form and return the original to your employee. However, you are not allowed to “jump the queue” if you are made redundant during your pregnancy, but before your maternity leave begins. Under these conditions, your employer would only have normal redundancy obligations, including the obligation to look for another appropriate role for you. However, if you think you are released because of your pregnancy, this could be discrimination based on pregnancy. 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. You can usually start your maternity leave on a date of your choice, subject to certain conditions. The earliest time you can choose to start your maternity leave is 11 weeks before the week your baby is due. Your employer may make “appropriate contact” with you during your maternity leave, for example to discuss how you will return to work. A good employer will discuss how much contact you are satisfied with before going on maternity leave and how you want to be contacted.

In NVCS Ltd/1) Commissioners for HMRC (2) Dare [2019], the First Tier Tax Tribunal stated that it was not possible to conclude a binding agreement under a “full and final regime” of a right to the SMP, even under the aegis of ACAS, unless the employer had actually paid the worker his right to SMP. 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. While you are on legal maternity leave, your working conditions are protected.

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