Hello all,

I’ve got a maternity leave case that has occured while this person was on international assignment in France.

Its a first at our organisation and any views on calculating the Maternity pay would be appreciated.

Our (UK) maternity policy states that the Mat Leave calculation is based on the Average gross pay of the 2 previous months pay prior to the 15th week before the Expected week of confinement. However we have no International element factored into this policy.

We have taken this person off International Assignment terms, and returned her to her UK contract, prior to the commencement of her Mat Leave.

My question is centred around the International Allowances which have been paid to this person while she has been in France. Is there any form of legal requirement for us to factor these additional payments into the calculation for her Mat leave pay?

There has also been a large bonus payment made within the 2 months being used to calculate her Mat leave pay, and we’re also unsure whether this should be included in her calculation. If both elements are to be included, she will be receiving a mat leave package much higher than what she would be getting had she be continuing to work!

Of course, while we are trying to ensure that we are not discriminating against her while on maternity leave, there is an underlying Line Mgmt feeling that it appears like we are actually rewarding her for being on leave at this particular time.

Any advice would be greatly appreciated on how to handle this unusual situation correctly.

Colm Kavanagh