Pay rises & maternity leave

[Meg888]

Hi. We’ve been given a pay rise at work – first one in about 5 yrs and we’ve also been advised that we’re getting a Xmas bonus. The bonuses are variable at the director’s discretion. Whilst I’m very happy about this, I’m a bit concerned about my work friend who has just recently left for maternity leave until next June; she’s worked here for 6 yrs; would she not also be entitled to a pay rise on maternity (and the bonus too!) I’m not sure how maternity works these days, but I know you get a percentage of your salary if I’m not mistaken?

[factor-fiction]

It depends on the basis on which the pay rises were given. If she would have got a rise had she been in work then the new salary should be used to calculate her maternity pay from the date of the increase (so long as her maternity pay is linked to her salary rather than being SMP)

[Meg888]

Thanks Factor. She definitely wouldn't have missed out if she'd been here, she would have been given a pay rise and a bonus with the rest of us. Whilst it's good of the company to do this, they can also be a bit sneaky and if they can get away with paying it out they will... I'm just trying to get advice before I let her know so she can take it up with management if she needs to.

[buildersmate]

The law says that a women shall not be discriminated against because of pregnancy or absence on maternity leave. So if every employee was awarded the same pay increase across the board, it might be hard for the employer to show that discrimination had not occurred if she is singled out on her return in June 2013 and the increase is not applied to her.

It is going to get more difficult if there are differential %ages awarded based on employer's view of performance or contribution. Just because she isn't there so cannot make a contribution doesn't mean the employer has to award on the basis she was there. That's my interpretation of the law in this area, but there are plenty of advice centres around on this.

[Meg888]

So with that, would she be entitled to her pay going up now (as is ours) or on her return?