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TIER 1 Entrepreneure(ILR) --Employee Maternity Leave

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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srrk
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TIER 1 Entrepreneure(ILR) --Employee Maternity Leave

Post by srrk » Sat Dec 30, 2017 10:54 pm

Dear Friends,

My ILR is due in April 2018.I have a question regarding Employment.

One employee was on Maternity leave during the extension period.

My accountant is suggesting Maternity leave is considered as Full time employment and in another post in this forum, it was confirmed aswell quoting as per the employment law.

Please clarify below.

1) Is there any guidance document,if any, by Home Office regarding this.

2 ) How many hours we should put in the Accountant letter for the maternity period please.

Thanks

london_2017
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Re: TIER 1 Entrepreneure(ILR) --Employee Maternity Leave

Post by london_2017 » Sun Dec 31, 2017 11:36 am

Maternity leave is not full time employment

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zimba
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Re: TIER 1 Entrepreneure(ILR) --Employee Maternity Leave

Post by zimba » Sun Dec 31, 2017 5:09 pm

1) Is there any guidance document,if any, by Home Office regarding this.
Full time employment is min 30 hours a week work as per EU rules
2 ) How many hours we should put in the Accountant letter for the maternity period please.
An accountant letter is worthless. You need to send payslips/FPS showing employees paid as per hourly rate and worked the min hours (total pay divided by the period of work shows hours worked)
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

Saeedjansaeed
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Re: TIER 1 Entrepreneure(ILR) --Employee Maternity Leave

Post by Saeedjansaeed » Sun Dec 31, 2017 9:09 pm

Assuming your employee is on Paid Maternity Leave, it is still considered as full time job if its more than 30 hrs/week.
Documentation is exaxtly what zimba said.. no accountnat letter or any other document is needed other than the said documents.
Hope this helps..

natsha
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Re: TIER 1 Entrepreneure(ILR) --Employee Maternity Leave

Post by natsha » Sun Dec 31, 2017 10:14 pm

Accountant letter not acceptable only Payslips and FPS Report.
ML Means: Maternity Leave

ML considerable as Full time but If she on ML then just mention on payslip 130 hours * 7.50£ whatever pay rate. Gross salary 975.

Just you accountant make like this payslip.

Basic Hours (ML) 130*7.50= 975£
Overtime : 0*7.50=0

Total= 975£

HO Will be not issued but make sure used ML word.

but you need to follow the law as well if you going to pay 130 hours then she will be happy because she getting full pay and you will be lost money.

the first 6 weeks: 90% of their average weekly earnings (AWE) before tax
the remaining 33 weeks: £140.98 or 90% of their AWE (whichever is lower)

srrk
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Re: TIER 1 Entrepreneure(ILR) --Employee Maternity Leave

Post by srrk » Mon Jan 01, 2018 1:45 pm

Thanks Zimba & All for your responses.

@Zimba,

Please advise on below.

So Accountant letter is not mandatory.Thanks for that. We just share the payslips & FPS (which is normal requirement) as per SET (O).

If i provide FPS till Mar 2018, it should be considered as Full time. Please correct me if my understanding is wrong.

For eg:

FPS & Pay slips from Mar 2017 (just not considering the total tenure for simplicity) till end of Mar 2018(including Maternity leave & Pay). --> 1 year employment


Many Thanks.

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