Should attendance bonuses be paid to those on maternity leave?Posted in : Seamus Says - Employment Law Discussion on 2 February 2018
Q: We have employees who receive a lump sum each month for attendance and adherence to break times the end of every month. How should this be applied to employees who are on maternity leave?
Seamus: That’s an interesting one. It’s looking at the contract and looking at the policy and deciding what exactly the payment is for. If it’s considered as pay, then they’re entitled to it under the policy. I would go down to the line of what the policy says in relation to whether it is statutory maternity leave or whether there’s an enhancement to that. So, if it’s reflective of the overall pay, it’s included with that.
Scott: Within the top-up.
Scott: Because it’s remuneration, it wouldn’t be part of the terms of conditions [that those on maternity leave would be entitled to].
Scott: Normally, all they’re getting is SMP.
Seamus: No. Absolutely.
More on Pay & Conditions
- In Brief: Case Law Special (November 2018)
- Alexander Agnew and others v Chief Constable of the PSNI; David Brian Anderson and others v Police Authority for Northern Ireland 
- Addison Lee Ltd v Lange & Ors 
- Kreuziger v Land Berlin and Max-Planck-Gesellschaft v Shimizu 
- Please provide guidance for employers in relation to staffing issues during periods of adverse weather
The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.