Qualifying week - maternity pay?


F

Fredxxx

http://www.nidirect.gov.uk/statutory-maternity-pay-how-it-is-worked-out

says:

"To calculate your average weekly earnings your employer will average
your gross earnings over a period of at least eight weeks up to and
including the last payday before the end of your qualifying week."

Do earning take into account months on a pro-rata basis or pay. It's
perhaps rather unfortunate that a lady did a lot of overtime in the
month that included her qualifying week, yet didn't get paid for this
overtime until after the qualifying date.

Example:
Qualifying date
30th August 2014

Paid on last day of month:
30th June : £500
31st July : £500
31st August : £1,000

If I use:
https://www.gov.uk/maternity-paternity-calculator

If I say she is paid in the last day of the month, her qualifying pay is
based on just 30th June and 31st July payslip and so will lose out on
some maternity pay.

Is this right?
 
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M

Mister Fixum Up

Fredxxx said:
http://www.nidirect.gov.uk/statutory-maternity-pay-how-it-is-worked-out

says:

"To calculate your average weekly earnings your employer will average
your gross earnings over a period of at least eight weeks up to and
including the last payday before the end of your qualifying week."

Do earning take into account months on a pro-rata basis or pay. It's
perhaps rather unfortunate that a lady did a lot of overtime in the
month that included her qualifying week, yet didn't get paid for this
overtime until after the qualifying date.

Example:
Qualifying date
30th August 2014

Paid on last day of month:
30th June : £500
31st July : £500
31st August : £1,000

If I use:
https://www.gov.uk/maternity-paternity-calculator

If I say she is paid in the last day of the month, her qualifying pay is
based on just 30th June and 31st July payslip and so will lose out on
some maternity pay.

Is this right?
I think this is worth a phone call to the govt folks. I'm sure they have heard all the "reasons' companies use trying to minimize employee benefit payments.

My gut feeling is that everything depends on how the terms are defined.

In this case, Aug 31 was a Sunday and the qualifying date was Saturday. Typically when pay day falls on a Sunday, checks are issued on the last regular work day before that, which would make the last 8 weeks for calculation ending on August 29 or 30.

Check the definitions also for what constitutes an "official' pay day. It could be defined as the date the work period ended, the date the check was issued, mailed, received or deposited.
 

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