Sorry mumsnet.....maternity leave/bonus quandry

Sorry mumsnet.....maternity leave/bonus quandry

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Rangeroverover

Original Poster:

1,523 posts

112 months

Tuesday 21st July 2015
quotequote all
The recent thread on maternity etc has got me thinking, I assumed that if you're not there you don't get

My OH is having a child in November (whoops keep forgetting "we"), she works for a local branch of a national upmarket green wellie estate agent as an associate partner (I know meaningless), there are 2 blokes at her level and 2 partners (non equity) above her.

She has told the Co she intends to take only 6 months off, she gets to keep car allowance and whatever else she is entitled to. They have a "team " based bonus/commision structure just for her office (5 negs total) which accounts for 90% of the bonus she is paid monthly, the remaining 10% is based on individual performance.

Due to the nature of the business, houses that she has brought on board to be sold will complete sale while she is away; balanced against this, when she returns houses that she had no input with will complete after she returns so I suppose she gets a piece of those.

I imagine that she will not get the 10% individual bonus as she isn't there, is she still entitled to the "team" bonus while she is away

I had assumed that as she isn't there she has no entitlement to any bonus that her team will receive at all, so really the questions are

1) Should she receive her piece of the bonus pie while on ML
2) If the she is entitled by law to receive it and it looks like the company aren't going to do so, how does she show HR the error of their ways without coming over as a trouble maker
3) would it be better to do nothing if 1) is correct then follow Actus Reus to the yacht broker or will my mens rea preclude that as I/she hasn't warned them

Rangeroverover

Original Poster:

1,523 posts

112 months

Tuesday 21st July 2015
quotequote all
Thanks, Actus,

Is that a "should" get or by law they must pay her the percentage of the bonus pot as agreed in her contract while on ML

PS I was thinking more of a Swan 65 flushdeck

Rangeroverover

Original Poster:

1,523 posts

112 months

Tuesday 21st July 2015
quotequote all
Thanks I will have a look, I seem to remember she drops eventually to 30% alas had she not been forced to take gardening leave she would have hit the time served threshold for 50%.

Can I point out any legislation that will backup the thoery that she is entitled to her percentage of the team bonus or is it all down to the contract?

PS: The Swan is obviously intended to run alongside the wallyboat, then I can fit them both into a catamaran berth in Antibes

http://www.wally.com/power/

Rangeroverover

Original Poster:

1,523 posts

112 months

Tuesday 21st July 2015
quotequote all
Alas I've done it once before so I have a 23 year old, she also has a 24 year old (bit of an accident in the sixth form), not too sure about the concept of being in my mid 70s by the time he leaves home, main thing is will a child seat fit the in the back of a 996, last time round things were a bit more relaxed, I had a child seat fixed in my daimler dart with a ratchet strap, nowdays it seems you have to have full roll cage and hans device for a trip to the shops.

On another note, she was headhunted/lured away from a competitor, had she not been forced to take gardening leave she would have got enhanced ML pay, she has missed by a few weeks and HR don't want to stretch the rules

see below............what does all this mean??

For the first six weeks, SMP is paid at the earnings related rate which is equivalent to 90% of the employee's average normal weekly earnings calculated over the period of eight weeks before the 15th week of the Expected Week of Childbirth (“the Calculation Period”).

Her average normal weekly earnings in the eight week period before the 15th week of the Expected Week of Childbirth are not less than the lower earnings limit for National Insurance contributions
 She is still pregnant at the start of the 11th week before the Expected Week of Childbirth (or has already given birth)
 She provides a MAT B1 form stating her Expected Week of Childbirth
 She advises the Firm of the date from which she expects the Firm’s liability to pay SMP to begin and that must be notice in writing at least 28 days before that date (or if not reasonably practicable as soon as is reasonably practicable)
For the first six weeks, SMP is paid at the earnings related rate which is equivalent to 90% of the employee's average normal weekly earnings calculated over the period of eight weeks before the 15th week of the Expected Week of Childbirth (“the Calculation Period”).
The standard rate of SMP is paid for the remaining 33 weeks (or less if the employee returns to work sooner). This is paid at a rate set by the Government for the relevant tax year, or the earnings related rate (i.e. 90% of the employee's average weekly earnings during the Calculation Period) if this is lower than the Government's set weekly rate.

Rangeroverover

Original Poster:

1,523 posts

112 months

Tuesday 21st July 2015
quotequote all
AAAAAAArgh, hadn't thought about the pushchair thing, they all seem the size of boat trailers now, one of those old 1980's mclaren ones that folds up like an umbrella is probably the way forward. However the first time his lordship overflows/leaks onto my nice interior will probably be his last invitation, he will either have to walk to nursery or if I'm feeling generous he will be confined to alternative vehicles....if he's good; once he goes to boarding school at age 6 it won't be an issue (I really am getting this hang em flog em PH thing now)

Rangeroverover

Original Poster:

1,523 posts

112 months

Tuesday 21st July 2015
quotequote all
Coincidence am just on the point of getting her a golf R estate, if we have to have a mummywagen it seems the best choice, how hard is the suspension on it, her ladyship complains that 996 suspension is harsh, I will spec the smallest wheels possible so there is some sidewall absorption.

The other choice is a merc c350e it will do her 10 mile each way commute on electricity and has a combined prius styley plenty of power plus dead good on the personal taxation thing as a company car. I hate the concept of the yoghurt knitting image of a hybrid but it makes horrible sense and isn't much more than a golf r estate