Maternity leave rights and pay?

[emmab96]

Hello all!

Does anybody know about our rights to maternity leave and pay?
Basically I'm currently on maternity leave from my first baby and I'm due to go back to work next month but I'm actually currently pregnant again (a long story short my contraception failed me and lockdown got me haha) the reason I'm asking is because I would like to know if I need to return to work in order to get my next maternity pay or if I stay off as two consecutive mat leaves if I would still get my mat pay.
I would be happy to return to work but I just don't think I'm fit enough as I have a lot of complications in this pregnancy I have bilateral PE which is multiple blood clots on both my lungs I was in intensive care for a week with respiratory failure thankfully I'm getting better now and home again, gestational diabetes, pelvic girdle pain and I've been told I'm at a high risk of developing pre-eclampsia and with the current situation with covid I just don't think it's a good choice for my health I wouldn't want to put me or the baby at risk considering my job is in a nursery with children so it's not as if I could isolate from everyone at work as I would need to be mixing with the children to do my job, I'm just wondering if anyone knows about the rights I have? I've been at my job for over a year and a half and mat leave I'm technically still an employee so I should still get paid right? I'm just not sure exactly how it works I've tried to look online but it hasn't been too much help anyone know anything more on it?

Someone correct me if I'm wrong but my understanding is you can only take maternity leave from 29 weeks ( 11 weeks before your due date) so depending how far along you are you may need to return to work but saying that you are very well protected in regards to sickness so I think you could get signed off by your doctor and then take another maternity leave.

Your situation is similar to my friends..as far as i can remember she had to return to work for a period to be entitled to maternity pay for 2nd baby...

Mu friend was very similar. Got a surprise pregnancy when her IVF daughter was 3 months old.
She had to cut her first mat leave short to go back to work so she could get the 2nd lot.
This was NHS, but post above lookas like very similar timelines if I remember correctly.

Did you get enhanced mat pay or just standard? We get enhanced, but our contract states that we have to return to work for at least 3 months before quitting or going on mat leave again or it has to be paid back.

Also, a quick google and CAB told me everything you need to know. www.citizensadvice.org.uk/work/rights-at-work/parental-rights/maternity-pay-what-youre-entitled-to/

You may get leave but no pay. ACAS may be your best chance of a clear answer as all depends on how many weeks you are etc so a very individual answer not a blanket one.

But as PP says it depends how far along you are. You can take Mat Leave from wk 29, or the date the baby is born. Not before. So unless you'll be 30 weeks when your current leave runs out, yes you'll need to go back to work. Or get signed off sick.

I'd be prepared for this to trash any good standing you had with your employer though, and would in your position be anticipating needing a new job when you do eventually return to work full time.

Statutory Maternity Pay is based on how much you earn during weeks 17 - 25 of your pregnancy. That means that often women who are already on maternity leave don't earn enough to qualify. You would probably get Maternity Allowance instead though so check that out.

www.gov.uk/maternity-pay-leave

My return date is the same week as when it will be 11 weeks before I give birth so I know I can take the mat leave I'm just wondering about the pay? and I get just the standard government mat pay

You may need to speak to your employer about pay.

Okay thanks for the help everyone think I've got a few places to look now

@emmab96

My return date is the same week as when it will be 11 weeks before I give birth so I know I can take the mat leave I'm just wondering about the pay? and I get just the standard government mat pay

"You’re still employed while you’re on maternity leave or getting statutory maternity pay. This means you can get statutory maternity pay again if you meet the normal conditions:

work for your employer for 26 weeks up to the 15th week before your baby is due - the 26 weeks includes time when you’re on maternity leave

earn at least £120 a week, on average, before tax.

Your average pay is worked out over 8 weeks, finishing roughly 15 weeks before your due date."

SO if you go back to work at 11 weeks, and work up to 25 weeks, you will get stat mat pay.

You can't go straight back onto mat leave as you won't be pregnant enough.

what you got paid at weeks 17-25 of pregnancy will determine maternity pay. You will get 90% of whatever your pay was at that point. That might mean 90% of maternity pay or could mean you don't qualify if you were in the unpaid part of leave

Shes going back at 29 weeks pregnant. Were you still getting maternity pay at weeks 17-25? You need to be getting at least £120 in these weeks to qualify. Plus it'll be 90% of that amount rather than 90% of your normal pay

@Ohalrightthen I'm already past 25 weeks pregnant I'm due to go back when I'm 29 weeks?

SO if you go back to work at 11 weeks, and work up to 25 weeks, you will get stat mat pay.

She’ll be 29 weeks going back.

Sorry ignore my comment, i thought you meant 11 weeks pregnant not 11 weeks to go.

You will be able to go straight on maternity leave again if you want, as you'll be 29 weeks. Pay will be dependant on how much leave youve taken already, when you dropped to zero pay, and the exact dates of your pregnancy. You need to work out your average weekly earnings between weeks 17 and 25 of your current pregnancy. If that's over £120 a week, you're entitled to stat mat pay. If not, then youre not.

@dementedpixie yes I still get my maternity pay currently it hasn't ended yet my mat pay ends next month but I'm able to stay off for another 4 months with this maternity leave but that would be unpaid and I can have up to a year off and I've only had 8 and half months currently off

When did you start the current maternity leave?

And how much have you been paid per week whilst on mat leave between week 7 and week 39?

Full SMP of £140ish?

@Ohalrightthen I worked 44 hours a week before I went onto mat leave so my current mat pay is just the basic pay they give to everyone I believe it's £151.20 per week so I'm technically still earning over the £120 a week so means I will qualify right?

You only get that for 33 weeks though, according to the government website. How long have you been on leave?

You would still qualify for both leave and pay then. Your pay would be based on the maternity pay you have been receiving rather than your full wage so may be a big less than you are getting. Based on weeks 17-25 and as long as its over £120 per week

@Feminist10101 I started it in February of this year and my paid mat leave ends November I get SMP currently which I believe is about £151.20 a week

But I had a month of annual leave in the beginning that I used so that's why I've had an extra paid month off

Have you told them you're pregnant? You need to notify them by week 25 and tell them when you want leave to start