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Falling pregnant when already on maternity leave

(24 Posts)
scully Thu 02-Mar-06 11:36:46

Has anyone fallen pregnant whilst on maternity leave? dd2 is 9wks old and whilst I'm not wanting number 3 just yet we are probably thinking about a 18mth age gap between dd2 and the third (there's 3yrs 8mths between dd1 and dd2)
I am currently on 12mths maternity leave, 6mths paid, 6mths unpaid, but have no idea of how it works if I fall pregnant whilst still on maternity leave, in terms of this maternity leave finishing, and another lot starting?

Annie29 Thu 02-Mar-06 12:44:19

Hi Scully,
I was on maternity leave when I got pregnant with my second, due in July. HR have told me I am still entitled to full maternity leave, and pay, as long as I come back to work afterwards for the three months that they stipulate in the company policy. I had 12 months too, so I would have been due to go back in April but decided to go back early (Feb) to get some money!! Also to get about 5 months work in before I have to leave again.
Any term of maternity leave, you're still entitled to full benefits such as maternity leave, annual leave etc. This is statutory I believe, as there are laws against discriminating against pregnant mums and new mums.
Hope this helps, but check with your HR if you know them!!

I don't know about staying off though on maternity leave straight after your first one finishes. I'd say you're still entitled to the full 6 months statutory anyway, though maybe not the unpaid additional leave. Again, check with HR.

TheBlonde Thu 02-Mar-06 13:45:51

Scully - what matters is how much $$$ you are earning in your qualifying week. I can't remember when it is but someone may be along who knows

trix1 Thu 02-Mar-06 13:55:56

Im sure its the 15 week before your due date.

scully Thu 02-Mar-06 16:36:48

thx all, will ask HR what their policy is and will post, in case anyone else is interested

chapsmum Thu 02-Mar-06 16:55:59

my boss actuallly tole me the best thing to do was concieve whilst on mat leave so that I wpuldnt have to come back for ages!! if you are taking a year off, then you will acrew full time holiday. So tchnically you will resume to A/L which counts toward those 3 months (which you are alowed to carry to the next financial year )then once your AL is up you go on mat leave! good luch to you that sound like a handfull!

lexiemum Thu 02-Mar-06 19:07:08

if i get pregnant during mat leave, then yes, i get a year extra, annual leave but only get basic smp not 90% salary. I'm better off going back and falling pregnant as quickly as i can!

qualifying week is 15

hotmama Thu 02-Mar-06 19:15:02

DD1 was born in Oct 04 and I went back to work last August when she was 10 months - by which time I was 3 months pregnant with dd2 - who was born 3 weeks ago.

I work in Local Government but I think the rules are the same elsewhere. If you get pregnant when on maternity leave you still have all the maternity rights to return to work etc.

I think that you are not guaranteed to go back to the same job if you go on maternity leave again without returning to work - but this is the same job - you still have a right to a job.

Maternity pay is worked out on what you earning between week 18 and 25 - I think. Luckily, I returned to work when 14 weeks pregnant so am entitled to full maternity pay etc - I'm not going back until Jan 07 - I feel such a slacker!

missseagull Tue 07-Mar-06 14:45:01

Scully - I would ask HR for a copy of your maternity policy, you don't need to say why you want it, but it really can depend on the policy as to what might happen. I work for a Company that pays 12 months full salary for maternity leave and work in HR and have been invovled with one employee who fell pregnant whilst onleave and she had 2 full years at full pay off...but it really does depend on your small print. Some policies don't allow for the accrual of annual leave, so this may not be an option for you - check the policy.

BTW it can be really hard to get back in to things after 2 years or 18 months off (much harder than 6-12 months) it seems like things move on really quickly when you're not in the loop so make sure you are happy about that prospect as well...and then just sit back and enjoy!

podkin Wed 08-Mar-06 16:35:30

I am currently on my 2nd lot of consecutive mat leave. 2nd lot treated exactly like the first apart from I had to apply for Maternity Allowance from the gov as I hadn't earned enough in the qualifying week. MA is virtually the same as Maternity Pay though and is paid for 26 weeks, except you don't get your 90% in the first 6 weeks. The only thing my work have done is kept my job open, although they are not obliged to give me the same one back. Currently in talks with them about going back part time - a whole other thread ! I would recommend it although i am not sure my work were too impressed

CThompson Sun 16-Nov-08 21:01:54

I am in month 10 of 12 months maternity leave and have just found out I'm pregnant again. I'll be back at work when I'm 8 weeks pregnant... Does anyone know whether I'll be entitled to maternity pay if I'm only back for 7 months?

CThompson Sun 16-Nov-08 21:12:43

I realise that my question has been answered above, so just to clarify - I'd like to know when 'the qualifying week' is. Thanks!

LackaDAISYcal Sun 16-Nov-08 21:14:19

qualifying weeks are weeks 17 - 25.

flowerybeanbag Mon 17-Nov-08 07:31:50

Check you own terms and conditions to find out how and whether you'd be entitled to any enhanced pay you get.

In terms of SMP, as Daisy says, the relevant weeks for calculating average pay are 17-25 of pregnancy, so for SMP you will need to be working during that time.

elkiedee Mon 17-Nov-08 13:57:08

Check your terms and conditions but don't forget any annual leave at the end of 1st maternity leave or beginning of 2nd should count as service back at work. Which may help if you're too tired to work so close up to your due date - 7 months from 8 weeks is 37-38 weeks. Hope you can work it out ok, good luck.

sophie2009 Tue 07-Apr-09 11:43:03

i have fallen pregnant while im stil on maturnity i'm in my 8th month i return back to work in june and due to leave again the beginning of november i want to know where would i stand with my employer as i will only be back 4 5 months before leaving again. i want to know if i have the right to maturnity so soon after

mamof3 Tue 07-Apr-09 14:18:54

hi sophie 2009, i fell pregnant october 2006 and had my little girl in july 07,i took 39 weeks maternity off, whilst on maternity i fell pregnant again, i went back to work for 4month then left again on maternity to have my little girl last august, there is 1year 6 days between my 2,
as far as im aware u can only take maternity leave after the 29th week of pregnancy .
emma x

rebecca19 Mon 05-Oct-09 11:33:36

i gave birth in April but sadly the baby died a week later from a virus, i still took my maternity leave as i wasnt up to working, i am currently 16weeks pregnant again and due mid march. I am entitled to be off until the end of march and need to know if i am able to claim maternity leave for the second child without returning to work?

MrsDenning Fri 16-Oct-09 20:29:40

Yes you are. I suggest you have a look at Working Families website and/or call their helpline 0800 013 0313 or They know this area of law inside out and will talk you through things.

MrsDenning Fri 16-Oct-09 20:32:02

Sophie, same rights apply. It is irrelevant to your right to maternity leave that you happen to be on maternity leave while pregnant with your second child. It is likely that you will qualify for SMP, but see above.

MrsDenning Fri 16-Oct-09 20:35:08

I believe SMP counts as working i.e. pay, so provided you are receiving SMP in the qualifying period you will qualify for SMP and possible contractual maternity pay but see your contract. If not getting SMP during qualifying period, i.e. unpaid period of maternity leave you are likely to qualify for maternity allowance only difference to SMP is you do not get six weeks at 90% of pay, but if you get contractual maternity pay this is likely not to make any difference. Talk to WF above they will clarify and check it all out for you.

Bevline123 Sun 16-Aug-15 08:05:44

My second baby due in December second week & my first baby maternity leave is finishing on last week of November. As I took 52 week maternity leave for first baby. Any suggestion will be really helpful to know to get best out of it SMP or MA. To get SMP what should I do now. Please anybody can suggest.

CarleyanneB Fri 06-Nov-15 09:12:16

I had my 2nd child on 11th July 2015 and iv just found out I'm nearly 8 weeks pregnant. I went on maternity leave at the end of may 2015 and I'm due back at the end of march 2016, which then I will be 6 months pregnant and will only be able to work up till may 20th as due 20th June. As I'm a carer they allow me to work up till 8 months for safety reasons. Will I still be able to claim maternity leave? Or will I need to go back to work earlier?

shellysmith1983 Sun 17-Jul-16 08:59:35

Hi I have a little girl who is 4 months old just found out I'm pregnant again will I get smp again or will I have to go back sooner to qualify.
Is smp classed as earnings?
I no they usually look what you was earning between weeks 17 to 25 so will I need to be back working by then thankyou

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