Paid Maternity Leave for 1 employee and not another

Westie17

Hi All,

My sister has been working for a company in private sector for 5 years and is expecting her first child. Company policy with regards maternity pay, in print, is that they do not pay maternity leave, no other clauses or stipulations. It is a predominately male workforce employed in the company. During her time with the company there has only been 2 ladies to take maternity leave. My sister has been told separately by them direct each direct that 1 did receive paid leave from the company and 1 didn't. Sister doesn't think they are aware of each others circumstance.

My question is, can an employer essentially pick and choose whether to pay maternity leave or is it a case of one rule for all without discretion?

tracey turnblad

I'm sure a private employer can do what they want. Do they both have the exact same contract? Maybe one has maternity pay written into her contract and the other one doesnt

Westie17

Thanks for quick reply. She is fairly sure that neither have it written into their contract, as sure as she can be without asking them and not sure if she is that friendly that could ask.

On the basis that neither have it written in, can company actually pick and choose? She hasn't informed her employer yet that she is expecting, waiting for 12 week scan.

drake70

Hi OP,

Are you sure the woman who received payment wasn't referring to Maternity Benefit?

davo10

Op, there is no legal requirement for employers to pay an employee during maternity leave. So if there is no provision for payment in your contract, the default position is that it will not be paid.

However, if your contract of employment says that you will be paid, then contractually the employer has to pay it.

It is possible that one employee had a clause in her contract that she would be paid and the other one didn't, unless you know for certain, it is better not to speculate what and why others were paid.

In relation to your sister's contract of employment, if it specifically states no payment will be made, then legally the employer is on solid ground and you have no contractual entitlement to payment. Different employees can negotiate different benefits when accepting a job offer.

Maybe one employee asked and the other did not. There is no harm in your sister in law asking and see how she gets on.

C3PO

Many companies operate a similar practice with regard to Sick Leave - the official company policy is that Sick Leave is unpaid but some employees are paid at the discretion of management. I could be wrong but I can't see how a company could be penalised for "overpaying" certain employees!