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maternity leave

(4 Posts)
vict17 Wed 16-Feb-05 10:20:55

My sister is 13 weeks pregnant with her 2nd baby. She is on a years maternity leave and goes back to work next Monday. If she only goes back 5 and a half months will she get maternity pay?

Bellie Wed 16-Feb-05 10:26:19

I would have thought so as I think that your sisters employment is continuous even if she has been on maternity leave. You could always ring ACAS to check - they are really helpful on maternity issues

vict17 Wed 16-Feb-05 10:28:40

thanks for replying - she's in a bit of a panic. This is what maternity alliance website says so i think she is:
I am on maternity leave and have just discovered I am pregnant again. What rights will I have?
You have the same rights as before. Maternity leave does not break your continuity of employment, so your right to maternity leave for this baby will be based on your total service with your employer. You may also qualify for SMP as long as you meet the normal conditions. However, this will mean you will have to be receiving over £79 per week from your employer in approximately weeks 18-26 of your pregnancy when SMP entitlement is calculated (see Statutory Maternity Pay below).

If you have already taken OML and AML (a year off) you will be entitled to a second period of OML and AML. However, if you go straight onto another period of OML without physically returning to work and decide to return to work after the second period of OML, you will not have the right to return to exactly the same job as you normally would at the end of OML.

However, this will mean you will have to be receiving over £79 per week from your employer in approximately weeks 18-26 of your pregnancy when SMP entitlement is calculated (see Statutory Maternity Pay) If you return to work after the end of your first period of AML and before the start of your second period of OML - even if you only return for one day - your rights are not affected and you would have the right to return to exactly the same job after OML
anyone else?

geogteach Wed 16-Feb-05 20:00:42

Yes i'm in this position, went back (to teaching job) after year off maternity leave, already pregnant again, worked one term, and then started current maternity leave.

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