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2nd child ... are there any legal constraints

(8 Posts)
Vander Thu 20-Jan-05 13:16:48

This is our first child and, at the mo, I'm intending to return to work full time. However, have been thinking about our 2nd child and wondered if anyone knew of any time period you had to be back in your normal working conditions before you could claim the statutory maternity leave/rights again. Can anyone shed some light on this?

Sallie Thu 20-Jan-05 14:16:16

It really depends on what your contract says but legally I think it would be a struggle for anyone to enforce such a restriction as I would think (she says, guessing as employment law is not my area) it would be against basic human rights.....Having said that, I have a friend (who worked for a law firm in the city) who had such a restriction in her contract - it said she couldn't get pregnant within a year of returning from mat leave. As I said, not sure whether such a term would be enforceable. A bit like the whole debate about the tie in on additional leave - ie having to pay it back if you leave within a certain period of returning or not returning at all. Does anyone know if any such cases have been heard by the tribunals/courts?

Twiglett Thu 20-Jan-05 14:17:05

no restrictions in place .. they are not enforceable even if they are in your contract because that makes it sex discrimination

morningpaper Thu 20-Jan-05 14:17:49

If you work for a public body e.g. police/nhs you should be well covered. Not sure about private.

Twiglett Thu 20-Jan-05 14:17:50

I said that very definitely .. I would be incredibly surprised to find they are enforceable as it goes against what I've read about so far .. but I'm not a legal bod

JulieF Thu 20-Jan-05 20:55:03

In terms of statutory maternity leave the employers booklet I have say you have to return to work for 1 week to be entitled to SMP. However I have since heard you don;t have to return at all.

Any contractual restrictions can only restrict any extra benefits your employer offers such as enhanced pay or extra unpaid leave.

I'm at work tomorrow so I'll look it up.

Vander Thu 27-Jan-05 15:38:01

Thanks for all your responses .

Pamina3 Thu 27-Jan-05 15:42:06

Message withdrawn at poster's request.

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