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Thread: Maternity Leave Payment but made Redundant...

  1. #1

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    Default Maternity Leave Payment but made Redundant...

    Well like so many others out there I was made redundant from my job on Monday after working for the company for 5 years.

    I guess you could say I am one of the lucky ones as I was paid out however before I speak to HR next week I thought someone may have an idea if I may have been short changed.



    The company I worked for gave you 3 months paid leave which you could take over 3 or 6 months.
    I have been speaking to my sales manager for several weeks on my finish date and last week wrote him an e-mail that I wanted to finish on the 30th April (using my annual leave ) and then start on my Maternity Leave shortly after.
    I am aware that the payments would not start until the baby is born but should I have still been able to get this payment earlier due to my prior actions.

    I guess I want to talk to HR but don't want to upset the apple cart and burn my bridges unless I have something to stand on.

    Thanks in advance.

  2. #2

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    Do you have a union rep you can talk to?

    HR are usually dodgy.

  3. #3

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    I hope this comes across the right way. I don't want to sound harsh I'm just trying to work out the legalities of things..

    Quote Originally Posted by Nicole S View Post
    I have been speaking to my sales manager for several weeks on my finish date and last week wrote him an e-mail that I wanted to finish on the 30th April (using my annual leave ) and then start on my Maternity Leave shortly after.
    I am aware that the payments would not start until the baby is born but should I have still been able to get this payment earlier due to my prior actions.
    Im not sure what you mean by "due to my prior actions".
    The way I read it, you've been made redundant before your m/l was due to start and so they don't have to pay it to you - unless you are covered by an award or contract that states otherwise.

    Or unless you think or can argue that they made you redundant *because* you are pregnant - were other people made redundant too? Do you think it was genuine or could you go for unfair dismissal?

  4. #4

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    Quote Originally Posted by Kate07 View Post
    HR are usually dodgy.
    lol not all of us Kate... I'd like to think I am one of the good HR practitioners out there but yes there are some dodgy HR persons out there.

    Nicole S, as RayRay said it depends on whether you were covered by an award or agreement and what was contained within that.

    If you were the only one made redundant you may have a case to put forward - it could appear highly suspicious that you are made redundant but no other staff... but then again were you the last one onto the payroll?

    Let me know if I can help answer Qs in anyway.

  5. #5

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    Apologies, i know not all HR are dodgy, but sometimes having the union as a backup encourages them to be more scrupulous and remember all your entitlements.

    My position is being made redundant, and i am dealing with HR. I was asked in for a chat with one person, and turned up to a meeting with 3 people. If i had know this was the set-up, i would have brought a support person. I was offered 2 options, and then was told the 2 options worked out the same so we will give you option 2. I later thought about it, and realised there were differences in 2options and i got the dud one.

    Later, when i rang the union rep and wrote a letter to the 3 at the meeting that was CC'd to the Union, they apologised for the 'oversight' in not letting me know there would be 3 people, granted my request for option 1, and offered another 4 weeks of pay.

    It is possible that if i had been an assertive person and aware of the Award and rights, i may have been able to negotiate the same outcome without the Union. But not all workers are assertive or have a strong understanding of the Award.

    It would be better if HR just played by the rules all (most) of the time, and gave workers their entitlements.

    So, that's where my comment came from, tired and a bit jaded from my experience.

    -----

    Have you signed anything, or seen paperwork in regards to your redundancy? I think it usually says that by taking redundancy you lose your right to claim anything else from them. And this would probably include maternity pay. I would get some advice quickly.

  6. #6

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    Thank you ladies for all your response.

    I am meeting with my old boss (who is actually a very good friend of mine on Tuesday and may also meet with HR)

    I do realise that generally maternity payments are only made once the child is born and that if you are still working for the company but I am only concerned that due to my notice being discussed and partly put into writing to manager (not the one I am meeting on Tuesday) that this should have been looked into as well.

    As mentioned there were several employees in my team who also faced redundancy and I don't believe that me being pregnant was a major issue.

    Who knows...hopefully will get more answers on Tuesday.

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