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Second maternity leave

14 replies

JellyBaby26 · 05/10/2015 20:50

I went on maternity leave in April this year. I have recently found out I am expecting again and due in spring 2016.

My mat leave ends in February (small company, stat mat pay only) . I had no intention of returning as I wanted to work closer to home but now I am pg again I naturally won't be going back anyway.

What I want to know is can I have a second batch of maternity as soon as my first ends? So take another 36 weeks? I'm a little confused by the whole thing.

DD is disabled so needs my full care so going back to work isn't an option even if it's just for a few weeks.

I don't have anything to lose but very interested to know what I'm entitled to.

OP posts:
DragonsCanHop · 05/10/2015 23:45

Congratulations!

You can return from your 1st mat leave And then go on your 2nd leave.

Out of courtesy I would let my employers know asap (once comfortable) about the 2nd pregnancy and the intention not to return so they can plan their finances and recruitment.

Enjoy your family Smile

flowery · 06/10/2015 09:28

Firstly, statutory maternity leave is 52 weeks, not 36. And yes you can take a second leave immediately following a first leave.

However statutory maternity pay is calculated based on average earnings during the 8 week period leading up to the 15th week before your due date.

So if you're off work at that point on maternity leave for your first baby you may not be receiving any pay at that point, or may not be receiving enough to qualify for SMP for your second maternity leave.

JellyBaby26 · 08/10/2015 16:12

Thanks Flowery, i know Stat leave is 52 weeks, but i have only taken 36 as you stop being paid then.

Am i correct in thinking i may be eligible for maternity allowance?

I have nothing to lose and i think they are very aware i won't be returning to work as i have a disabled child who needs my care.

OP posts:
flowery · 08/10/2015 17:08

SMP is 39 weeks so if they stop paying you at 36 that's wrong. Yes you may be entitled to maternity allowance, there's a calculator on the .gov website to see.

JellyBaby26 · 08/10/2015 17:09

oh 39 weeks, my mistake.

OP posts:
MafaldaHopkirk · 08/10/2015 17:09

Statutory maternity pay is paid for 39 weeks (6 weeks of 90% average weekly earnings, plus 33 weeks of either approx £139 or 90% average weekly earnings whichever is less).

ToTheGups · 08/10/2015 17:10

Can you take your annual leave as soon as this maternity leave ends and then start your next maternity leave when that runs out. You accrue annual leave whilst off of maternity.

poocatcherchampion · 08/10/2015 17:13

I had two maternity leaves almost concurrently and I was entitled to the same maternity pay the second time around. It wasn't based on actual earnings. I guess because I couldn't be disadvantaged from my first mat leave.

JellyBaby26 · 08/10/2015 17:29

i will only have accrued 3.5 days, but then i suppose i will also accrue if i take further leave won't i? Im so confused and so early in my pregnancy that i can't really ask work about it. But i am just trying to figure out what money we will be working with as I'm a bit of a budgeter.

I will maybe discuss with them after I am sure all is well with this one.

OP posts:
flowery · 09/10/2015 09:07

"I had two maternity leaves almost concurrently and I was entitled to the same maternity pay the second time around. It wasn't based on actual earnings. I guess because I couldn't be disadvantaged from my first mat leave."

That would have been because your employer offers occupational enhanced maternity pay.

OP if you'll only have 3.5 days holiday does that mean you've already taken most of it? You accrue exactly the same amount of holiday during maternity leave as you do if you are at work.

JellyBaby26 · 09/10/2015 09:47

No, our holiday year runs from Jan, so if I left the business in February I would only have accrued 3.5 days in that time.

OP posts:
flowery · 09/10/2015 09:53

Yes but you'll have accrued loads of holiday since going on mat leave in April, that's what I'm saying. If you've not taken that before mat leave started you still have it.

JellyBaby26 · 09/10/2015 10:49

Ah I see. No I took all that before I left.

OP posts:
Unthoughtknown · 11/10/2015 10:17

As pp said you can take the 39 weeks as with your previous leave, but check when your qualifying weeks fall as you may not be entitled to as much as you expect.

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