Childcare vouchers whilst on Maternity Leave

(31 Posts)
Tinker22 Sat 16-Mar-13 11:06:24

Hi - I'm due to go on maternity leave in a couple of months and my employer have informed me that they are not going to substitue the payment of childcare vouchers whilst i am off work. Work only pay SMP so I will not be earning any money from which I can pay childcare vouchers myself. I was my understanding that your employer was not able to take away non-cash benefits which included childcare vouchers. I have been left with the option of raising a sex discrimination claim against work in order to get what I understand I'm legally entitled to.
Has anyone had any similar experiences to this or any further information on this topic?
Thanks B

baffledmum Wed 03-Apr-13 21:37:47

If you have not opted-out of your salary exchange scheme e.g. under a maternity lifestyle event, then your employer MUST meet the cost of all non-cash benefits once you are in receipt of SMP. Non-cash benefits may include CCVs but also pension contributions, critical illness cover - whatever you exchanged salary for under your exchange scheme.

Tinker22 Wed 03-Apr-13 22:06:09

Thank you for the response. No I have not opted out.

prh47bridge Wed 03-Apr-13 23:36:10

Just to confirm - a contract cannot override employment law. If there is a conflict between your contract and the law, the law wins every time.

baffledmum Thu 04-Apr-13 20:22:24

Agreed prh47. However, there is nothing to prevent an individual electing to change their non-cash benefits ahead of their mat leave. I have only seen people reduce the amount of non-cash benefit, however there may nothing to prevent an individual maxing them out. An employer on the other hand cannot compel an individual to change their selection.

Tinker22 - do you know whether you use pension salary exchange? If you do then all contributions are considered to be employer contributions and must continue too throughout your leave

Tinker22 Thu 06-Jun-13 19:35:46

Thank you for everyone's help on this topic. After a very long 'battle' with work they have finally agreed that they will pay CCV whilst on mat leave. I did doubt at some points wether it was worth the stress. But I am pleased I stuck to what I knew was right. Thank you again everyone smile

Pootle78 Thu 06-Jun-13 21:35:04

So glad you have finally got to the happy place! I am still fighting with my employee who says I have to pay them back at the end of my mat leave. Hopefully I will be able to post a happy post soon! wine wine wine

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