two lots of maternity leave close together, enhanced packages and timescales - can anyone advise please?

[MadreInglese]

I'm expecting DC2 and have been looking through all the maternity legal bumpf from work and DP & I were just hypothetically wondering about the following -

We'd quite like to have two or maybe three fairly close together, ie have one, take 9-12 months off for maternity, then come back to work and think about trying for the next one to have roughly a 2-2.5 year gap. At the very least I'd be back at work for about 10 months before going off again, but realistically it would be longer than that.

My work has an enhanced maternity package for employees with more than 2 years continuous service. I've been here over a decade so easily qualify for the enhanced package this time round, but would I need to be back at work after maternity for a full two years to get it next time or not? It's not a huge enhancement but every penny counts (and it's all in theory anyway, might take ages to get pregnant again, god I can't believe I'm thinking about no 3 when no 2 isn't even here yet! )

Just wondered if anyone has done this or if there are any HR people about who know. I don't really want to ask at work in case it causes any ripples.

Not sure on the exact wording of your contract but when you are ML you are counted as being continuously employed so now you've been here more than a decade, and in a years time you'll still have been there more than a decade so should still qualify.

Where I am there is a slightly enhanced package on length of service and returned from ML 12 weeks pg and will still get the enhanced package this time. Good job too as DP got redundancy notice on Tuesday!

Think every work place does things slightly different. My little one is nearly 18 months and im due in 3 weeks. My employers said I had to be back at work for 26 weeks by the time I got to the 15th week before due date week to qualify for full wage package they pay for the first six months. I did thankfully as I would never be able to afford to take 6 months off otherwse. As far as im aware maternity leave is included in continuous employment so your normal smp is available to you reguardless as long as you have been back to work for one day after your last lot of materity leave.

this is the wording -

"The Company will pay enhanced maternity pay subject to employees meeting:

• The necessary qualifying criteria for the payment of Statutory Maternity Pay; and
• The employee having two years continuous service before the 15th week before the EWC"

Also, as I will accrue holiday while on maternity leave (and it says can be taken as pay or as holiday) if I decided not to return to work can I ask that they pay me for any outstanding holiday days or do you just lose them?

bloody hell - i'm glad i don't employ you !!

why mollymole?

because I might want to have two children close together and am wondering if it's financially viable to go back to work, ie get maternity leave for both pregnancies, after having worked my arse off for over ten years for the company?

As its an enhanced package, they can probably do what they want, as long as they apply it consistently.

As you are already pg, why not just ask HR?

mollymole OP is breaking no laws. And I'm glad you don't employ me either.

Plastic - I don't want to ask HR as they've already confirmed I'll get it for this pregnancy, it's the next (hypothetical) pregnancy I was wondering about and I'd feel uneasy giving any clues away as to our intentions to possibly TTC so soon after this one

So, you've got your answer already then surely? If you get it for this one, wouldn't you get it again?

As for the holiday, if they offer pay in lieu, then yes, they should pay you if you don't go back.

I think I would, but wasn't sure if going off on maternity and coming back counts as continuous employment

Just trying to get my pickled pregnant brain round it all!

I think it does count as continous employment, try posting in legal section?

Is there more than 2 years between your return from DC1 and this one then?

As far as I know they are legally obliged to pay you for any un-taken holiday you accrue during ML. I have taken a year's worth of holiday at the beginning of my ML so that my leave starts later and I get full pay for longer at the beginning... and they don't know whether or not I'm going back (neither do I!).

I would imagine that, because you are classed as being in continuous service during normal ML (ie lasting 12 months), you will be entitled the the benefits of the enhanced leave. But then as facefull says you would have to be back working for 26 weeks before the 15th week of pregnancy to be eligible for further benefits.

You are allowed to put these questions to HR confidentially, by the way. Why not ask to speak to someone?

Oh yes, DD is 13!

I think I might leave it until nearer the end of maternity leave with this one and see how we get on and how I feel about work before asking officially

I understand where mollymole is coming from though. Although it is up to each individual to do what is right for them, it does have a big impact on smaller companies who are trying to accommodate several maternity leaves. I know this is not a popular opinion on MN, but times are tough. I've recently been without a vehicle (as a director) whilst a member of staff on maternity leave obviously kept their company car.

I am sure that maternity leave counts as continual employment, so I don't think you would have any problem at all.

Well not that it's relevant but it's a large global company that are surviving very comfortably in these current tough times

They've certainly had enough hard work out of me over the years and it's maternity leave FGS, I'm not trying to sue them for breaking my nail on the franking machine

If its a big enough company to have an enhanced package, I think they'll be ok.

The industry I work in is mostly small businesses, and is very female dominated, so I do understand the problems. I still find it unpleasant to suggest that women should not be allowed to consider having two or more children in quick succession if this is what they want to do, because their employer might not like it. I learned the hard way after years of loyalty to a supposed family friendly Sunday Times Top 100 company, putting them ahead of my family that nothing I ever did would induce them to consider me in what they were doing.

well quite - no one is indispensable, I'm just a number to them when it comes down to it

I'm not swindling them out of anything, just wondering what the entitlements are

It may not even be worth me going back to work depending on what childcare costs will be (I am 13 years out of date remember!)

ajandjjmum - yes it is very different when you are
only employing a few people as it is much more difficult to cover than if you are a bigger company where the work load can be shared more it's not about breaking laws its about breaking the back of very small employers and i know that this is not a popular opinion on mumsnet but is is how it is for many thousands of small business owners

but on the other side mollymole won't you reap the benefits of being a business owner when economic times are not tough?

its always tough to expect 2 people to do the work of 3 whatever the industrial climate - why do people think that if you own a business you make a lot of money - our staff are on higher wages than us - and we do profit share & yes they do see the balance sheet - we like to treat our people well and be up front and honest with them and have very low turnover of staff and i appreciate the OP is well within the law but there are ALWAYS 2 sides to a situation and each 1 is individual

I didn't say I think you make a lot of money

but you chose (I presume) to own a business

I chose to be an employee

You did say Madre that business owners will reap the benefits when times are not tough - so I sort of assumed that you would mean financially. Not sure what the other benefits are - sleepless nights/red tape/worrying about other people!!

Of course, these are choices we all make, but it really isn't easy. I'm in your position mollymole - it's not a case of looking forward to the good times - more surviving until the good times, which are apparently 15 years down the line.

ML is clssed as continuous service. my company have an enhanced package and I have used it twice only going back to work for 2 months in between (15 months between DC). Legally you are entitled to the same amount of time off for a second period of mat leave. Whether you are eligible for Mat pay would depend on if you are earnig enough to qualify for SMP (which is calculated from earnings over the 8 weeks before the 15 week before your EDD). If you require assistance ACAS have a very good advice line.