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?

@dementedpixie yes they're aware I'm pregnant they haven't actually pushed me to come back as my manager is very understanding and has even asked me to speak to my doctor first to confirm they're happy for me to return to work but I just wanted to see if I didn't return yet if I would still be paid that's all.

You should qualify but it will be 90% of your maternity pay rather than your usual wage

Try using this calculator to work out what you may or may not get for SMP for your 2nd child; www.gov.uk/maternity-paternity-calculator
This is what employers use to double check their calculations.

Also be mindful of require notice periods for maternity leave. You must give notice 15 weeks before baby is expected - going on what you've said you'd need to advise them now if your intentions. Otherwise they technically have the right to refuse - but no employer realistically would.

Oh as I was typing you've answered the question about notifying your employer!

Just ask your employer surely they can answer this for you :)

Actually. As the MatB1 should already have been sent to them, they should be working on and confirming the figures now!

My work got back to me and has said if I'm unable to return to work I will resign from my role but surly that is unfair dismissal as they're only saying I need to leave as I'm pregnant again and can't return yet?

But you're still on mat leave so haven't said you aren't returning. It's not like they pay your mat leave the government do.

I'd reply with before responding to Your request Im going to speak to citizens advice.

And do that!