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Female employee maternity leave???????


Dekers
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I'm just putting some flesh on a business plan, and I need to enquire more but maybe someone here can give me a quick answer.....

 

I am starting up a new business and will be employing two girls of prime child bearing age.

 

For the first year or two it is likely that they will be the only employees but are pivotal in their experience to the whole success or otherwise of the company.

 

If, for example, at the end of year one they both get pregnant and want their 52 weeks maternity pay then where do I stand? Do I have to pay with a company of just 2 employees and hold their Job as the likelihood is the company will fold in that situation.

 

I have never employed women before and most of my "employees" have been either self employed or on contract, so this question has never cropped up before.

 

Is there a minimum number of employees in a company where maternity pay is not applicable or does it count even if I simply have 1 or 2 and they both disappear leaving me in the brown smelly stuff?

 

Cheers

 

 

EDIT

Another question, both girls will have company cars, do they keep them on maternity leave or do I retain them for temp staff?

 

Cheers

Edited by Dekers
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Where my partner works a girl has done 2 week and is pregnant so cant even train to do the job shes in so she will be employed for about what 18 month and wont have started training or lifted a finger.

 

I can see why some people dont like hiring women.

 

I would imagine in your situation its at worst 90% pay for 6 week then just hire someone as "maternity cover" until the person comes back.

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They get 90% of their salary for 6 weeks, then statutory maternity pay - but the state pays that I believe. You have to keep their jobs for them though, and may have to offer them part time work on their return if they request it and it is possible for their work.

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They get 90% of their salary for 6 weeks, then statutory maternity pay - but the state pays that I believe. You have to keep their jobs for them though, and may have to offer them part time work on their return if they request it and it is possible for their work.

 

Is that right, I didn't even know that, I thought I had to pay and hold their job!

 

But is this still applicable even with a company of just 1 or 2 staff?

 

Cheers

Edited by Dekers
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Currently as it stands there is no minimum number of employees and yes some maternity pay is recoverable. Check with your accountant or payroll people. Statutory rules would apply and they would be entitled to whatever time off and pay the law says they are. Go onto the Direct Gov web site (or business link) and all the info is there.

 

The fact is that if you want to do business and employ the right person for the job you can't get around the law. There is nothing stopping a woman going through interviews, receiving a job offer and then telling the employer they are pregnant. Pretty much zilch you can do about it.

 

If you are looking at business-critical people (and you are as you suggest the business would fold if they are not there) then perhaps a wider recruitment plan would be a better idea, open yourself up to a larger talent (and possibly gender?) pool. If you get my drift.

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I know what i would be doing if it was me. When i was hiring and firing,I had a private policy which stood me in good steed," Do not under any circumstances employ anyone under 45".. Best advise i could give to anyone . You will find your staff exceedingly greatful to work for you. They will be very loyal, hardworking and not let you down.Most of my staff worked for me for over 20 years.. The younger ones fell asleep at their desks , were always off sick or late in, and to be honest couldn't have cared about letting the rest of us down even though it was a small office enviroment. The more mature the staff the more reliable the worker. from Auntie.

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Is that right, I didn't even know that, I thought I had to pay and hold their job!

 

But is this still applicable even with a company of just 1 or 2 staff?

 

Cheers

 

I think you pay it, but you can claim it back. Yes, I believe it applies to everyone. You should check here:

 

https://www.gov.uk/employers-maternity-pay-leave/entitlement

 

Double check - my info may be out of date.

 

http://www.hmrc.gov.uk/paye/employees/statutory-pay/smp-calc.htm

 

All so complicated...

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Another question, both girls will have company cars, do they keep them on maternity leave or do I retain them for temp staff?

 

Cheers

 

Hi, I run a vehicle leasing business, specialised in company cars etc. When your ready, drop me a line and i will make sure you're looked after on the company car front.

 

All the best, chris

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The fact you have to worry is another example as to why growth will elude the country. Maternity leave? What a ridiculous luxury. Why do you or the taxpayer have to fund someones child. My mum got nothing, my nan got nothing, what is so different today. My answer to your question is sadly, dont bother, you've got enough to worry about, without featherbedding other peoples 'entitlements'. But then on second thoughts, i suppose thinking like that is illegal and could render you to a massive claim!! Good luck.

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I think maternity pay can be transferred to a male partner now or split with them time wise? Also employing based on a persons sex is illegal, refuse interview - you can be in big trouble, pick a lower qualified male after interview likewise. Heck the girls would need to be nuts to work for such a business as holds this attitude anyhow and what is the chances of them retaining employment with a company with such a weak plan? loyalty strikes two ways but its usually earned by both parties

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Have a look here its a good site to have a read around http://m.acas.org.uk/index.aspx?articleid=1753

With regards to the cars, in the past I've had use of vans take it home at night use it at weekends so on but its a pool van everyone had there own vans but it could get taken off you and swapped around. Maybe that would be the best route then if either or both ladies get pregnant at the same time the cars would be yours to give to the cover.

 

Ps try hiring one male and one female. But both could go on long term sick and still be in the same position.

Edited by IXI KARL IXI
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Recruit them as self emloyed contractors - no maternity pay, no sick pay, no holiday pay, job done :D

 

they won't pass the test

 

As a general guide as to whether a worker is an employee or self-employed; if the answer is 'Yes' to all of the following questions, then the worker is probably an employee:

 

Do they have to do the work themselves?

Can someone tell them at any time what to do, where to carry out the work or when and how to do it?

Can they work a set amount of hours?

Can someone move them from task to task?

Are they paid by the hour, week, or month?

Can they get overtime pay or bonus payment?

If the answer is 'Yes' to all of the following questions, it will usually mean that the worker is self-employed:

 

Can they hire someone to do the work or engage helpers at their own expense?

Do they risk their own money?

Do they provide the main items of equipment they need to do their job, not just the small tools that many employees provide for themselves?

Do they agree to do a job for a fixed price regardless of how long the job may take?

Can they decide what work to do, how and when to do the work and where to provide the services?

Do they regularly work for a number of different people?

Do they have to correct unsatisfactory work in their own time and at their own expense?

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Thanks for the info and advice :good: , as I mentioned in the OP I will get proper advice but I had a meeting this afternoon with my partner in this venture and this was just one of many questions that cropped up.

 

It went through my mind that maybe someone here could throw some light on this!

 

Cheers

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I know what i would be doing if it was me. When i was hiring and firing,I had a private policy which stood me in good steed," Do not under any circumstances employ anyone under 45".. Best advise i could give to anyone . You will find your staff exceedingly greatful to work for you. They will be very loyal, hardworking and not let you down.Most of my staff worked for me for over 20 years.. The younger ones fell asleep at their desks , were always off sick or late in, and to be honest couldn't have cared about letting the rest of us down even though it was a small office enviroment. The more mature the staff the more reliable the worker. from Auntie.

 

That is my experience as well. Happy to share the team bonus but coats on by 4.59pm

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