What happens to maternity pay if you get pregnant on maternity leave?

[Nov19]

Hi,
I’m still on mat leave at the moment, DS is 8 months old and myself and DP have decided to ttc our next child as we would like a small age gap but also know it may take a while to conceive as I’m breastfeeding so I want to account for that too.

I need to contact HR to find out what happens with maternity pay if you get pregnant on maternity leave or very soon after returning. As HR is based offshore, because of everything going on they are not taking phone calls unless line managers contact them first so it’s email only. I just wondered if anyone has had any experience and was your maternity pay affected? We get the first 6 months on full pay then 3 months SSP , then a further 3 months on no pay.

I’m due to go back next month so I don’t think it’s something I’ll need to worry about, but just in case.

I know this may be a silly question because I need to speak to HR but it’s anyone’s guess as to when they’ll get back to me!

Not an expert on this, but as you only need to give notice to work when you’re 25 weeks pregnant, you’ll be back at work anyway so shouldn’t be a problem?

I don’t think HR can specify how long between maternity leave?

Good luck with ttc!!

Hi. do you mean maternity pay with this baby or for your next one?

If for this one, you will be fine as you have already given them notice. As for baby #2 , some companies specify different arrangements ie. Have to be back in business for 6 months (but believe this is rare)

I’m NHS and for us occupational pay is worked out according to your pay between Weeks 17-25 of pregnancy. So if I were to get pregnant on May leave, as long as I was back at work by week 17 of pregnancy I would be eligible for the enhanced pay. I’m not sure if this is standard guidance or specific to NHS.

I wouldn't contact HR and ask them. I wouldn't let the company now - directly or indirectly - that I'm trying to conceive my second child. It's none of their business and can be used against you in ways that you're not even aware of.

There's a lot of information on the Internet in regards to your question.

While on maternity leave you are still considered employed so as long as you earn enough during the qualifying period you will be entitled to SMP. Company maternity pay might be different though so you would need to check with HR.

maternityaction.org.uk/advice/pregnant-during-maternity-leave/

Definitely do not contact HR to ask for reasons outlined above

You are still employed so entitled to the same maternity rights for a second pregnancy as you would be as if you weren't already on maternity leave. They cant discriminate against you for being on maternity leave.

However the flipside to that includes rules still apply as normal for the qualifying period for SMP of weeks 17-25 - whatever you earn during those weeks is what your SMP will be calculated on so its worth making sure you are back at work by then and not in the 'no pay' months of the first mat leave.

No need to ask them. Just go back to work as normal, tell them at 12/20 weeks if/when pregnant.
As long as you go back and work you won’t have to repay any maternity pay?

I'm civil service and get the same pay as you OP. I was 4 weeks pregnant when I went back to work after my first and have qualified for the same pay for my second as I'd work for them for more than 12 months and qualified for SMP (weeks 17-25).

So not effected at all. Hope this helps!

Thank you for your replies. I’m due back next month anyway I just wasn’t sure if the same rules applied as when you were first employed when you had to work so long to qualify for full maternity pay.

@Fiona1987 thanks I’ll leave asking HR, I didn’t even think of that.

I don't know if it helps and it's a while ago now, but I went back from a year's maternity leave already five months pregnant. I went on maternity leave again three months later and got my full maternity leave and pay a second time. My employer wasn't terribly happy but there was nothing they could do or say.