ENTITLEMENT TO PAID MATERNITY LEAVE AFTER A CAREER BREAK

[ericamouse]

I am currently on a one year career break and am due to return to work on the 4th May 2009. However I am pregnant again and the baby is due on the 14th July. I am not sure whether I am entitled to any paid maternity leave as I will be back in work for approx 2 months before having to leave to have the baby. I have been employed with the organisation since 2002. Can anyone advice me as there doesn't seem anywhere that covers this topic. Also, if I'm not entitled to any maternity pay from work, does anyone know what I would be entitled to?

Many thanks for any advice

Can you ring your HR dept anonymously? As each company (unless you work for govt/council etc) might have different qualifying rules?

Sorry can't help more but someone will be along soon who can!

This might help -

www.direct.gov.uk/en/MoneyTaxAndBenefits/BenefitsTaxCreditsAndOtherSupport/Expectingorbri ngingupchildren/DG_10018741

Sorry if link doesn't work but serach on the first bit if not.

Thanks for the info. I work for Government but when looking at their guidelines relating to Career breaks, its states that if you become pregnant or have a second baby whilst on a career break, then you are not entitled to paid maternity leave. The only thing is is that I will actually be back in work for 2 months before I finish for maternity leave. Its all sooooo confusing.

ericamouse - I'm in a similarish situation (govt, but shorter career break and back for slightly longer) but my understanding so far (have yet to hear formally from HR) is that although I am entitled to maternity leave it won't be paid, either contractual or SMP. I think however that I will qualify for Maternity Allowance - have you looked into that? Think there's stuff on the DWP website, or direct.gov.

You have to be working at a certain point in your pregnancy to qualify for maternity leave & pay. Look here it says:

To qualify for Statutory Maternity Pay you must have been:

employed by the same employer continuously (some breaks do not interrupt continuous employment) for at least 26 weeks into the 15th week before the week your baby is due

so it seems it depends on whether your career break constitutes continuous employment or not - probably it does especially as you are going back to work.

HTH

Did you get some paperwork from your employer when you went on your career break? It might say whether your time on the career break will count as a period of continuous employment or not.

Thanks for all your replies and advice. I did have a letter for when I started my career break, however as per usual I've put it away too safe and can't find it. I shall have a look this afternoon, and hopefully it might have some useful information on it. I've got in touch with HR but they seem to be taking forever to get back to me as I don't think they are very sure as to whether I am entitled to anything. I just hope they come back with good news, as when I looked at Maternity allowance and the criteria, I can't see me being able to claim that either, so it looks at the moment as though I won't receive anything during my maternity leave if HR come back with bad news.

Hi, I’m in the same predicament as you. What was your outcome?