Going back to work and............

[samsmam]

I will be 4.5 months pregnant after 11 months off with dd1.
I work for the NHS, anyone any experience of this?

I am beginning to suffer depression again I can feel that I am slipping back that way. (depression before dd1) I'd do anything not to have to go back there but because of maternity payment I'd owe them money. Does anyone know how long I have to be back before I'll be allowed maternity pay again?

My GP is 'keeping an eye' on my depression this time.

So have you gone back to work after your dd1?

Sorry, haven't quite got my head around the timings here.

Statutory payments are to do with 'length of service' - and maternity leave does not interupt that.

I'd be shocked if their internal policy for any extra payments set some kind of quota for how you choose to space your babies.

DD1 is 9 months and I will be going back to work in September, I'll be 4.5 months then. Sorry probably could have explained better. I know that if I don't go back for at least 13 weeks I'd owe them money but not sure if the same applies if I'm pregnant again.

BTW- Have been there for 10 years.

Honestly don't know the answer to your question, but perhaps you could just ring HR?

Worst case scenario, presumably, is to go back to work when you absolutely have to, work the 13 weeks (tilll you're 6 months pg,) then get signed off early if necessary?

I thought that your mat leave still counts as employment, so not sure what youmean by saying you'd owe them money? I think I read somewhere that if you got preg during a mat leave (like you)tehn you could start the next one without physically going back to work, because you are still employed, even if you're not working (did that make sense). I think I got that info from the maternity alliance, which unfortunately no longer exists. Maybe ask CAB?

I THINK you need to earn for some of the time to be entitled to SMP....Will check and get back to you if no one else comes along. As for repaying monies it would depend on your Policy. You do need to talk to HR and work out what is best for your health as much as anything though.

my work, repaying money is triggered by you resigning - and you wouldn't be resigning. Ring them

I will ring them but I will remain anonymous to them, I don't want to tell them just yet. I suppose this way I will have to go back to do my 13 weeks before resigning after baby #2 otherwise would owe them money back minus SMP.

You would be returning when you were around 18 weeks pregnant. The earnings rules take into account your wages from when you are 17 weeks to 25 weeks. So, as long as you earn an average of £112.75 per week during that time (i.e. when you return) you will get SMP.

But don't forget that if you need to, you could return then be signed off sick, thus getting Sick Pay, which will still count as earnings.

Returning to work, as far as I am aware, is not the same as being physically present. They couldn't say you hadn't returned for 13 weeks if you worked one week and then had 12 weeks off sick before starting Maternity leave.

Think I've got it now. I am going to make some phone calls tomorrow to check out, part of me wants to wait until 12 weeks to be sure but it doesn't do any harm to check things out. I was signed off last pregnancy with a bad back that has already started to appear at 8 weeks, I suppose my back is much weaker this time round. I just want to be excited about this pregnancy.

Are you a UNISON member? I asked my union rep about this when I was pregnant (ie: would I have to pay anything back if I didn't return to work). She said she had never heard of the Trust doing this with anyone and she knew of loads of people that either hadn't returned to work or had got jobs elsewhere in the NHS. Check with your union rep. Another suggestions is have you a flexible working policy? Ours says that you can extend your maternity leave by an additional year if you apply under flexible working so maybe you could try looking into that route? HTH

I am enquiring about working flexibly at the moment- I have asked for three whole days and been told I could make the three days up as four mornings and a whole day. I may as well work full time this way as I live 1-1.5 hour travelling each way! I am in Unison but the manager for the hospital is my department adminstrator and she recieves a copy of all enquires, so I may ring their head office.

I would stand your ground with the 3 days for now. I think they have to give a good reason for not agreeing it and you can always appeal especially if you've got UNISON to help. If you need advice on what to say etc there are some HR experts who post on this site - Ribena springs to mind -who can hopefully help. Good luck!

samsmum if they are refusing your request to work three days pinkteddy is right they do have to give you a good business reason why.
They have said you can make up 3 days over 4 mornings and a whole day, but as you say, this is not much of an improvement for you over working f/t.
They should have explained to you why your suggestion of 3 full days will not work. If you want to appeal it your union will help you so do contact them. I would say the best way to structure your appeal is to look at their objections, why they have said 3 days won't work, and answer them. Address each problem they have mentioned specifically, and explain why you feel it won't be a problem/how you plan to address the problem.
If you focus on how you would address their business concerns as well as pointing out that their suggestion doesn't make much of an improvement from f/t working, that should work better.
hth

Aw, Pink Teddy, thanks!

Samsmam, if you have a child under 5 (not including the bump!) you do have a legal right to request flexible working and there is a formal legal procedure to do it which your union could explain. If you put in a request, they have to have good business reasons (e.g. service levels) to turn it down

BUT the financial penalties for failure to comply are low. Most women have to bring their claims under sex discrimination. Also, to have a valuable claim, you really need to have been forced out the job by their refusal (i.e. to have lost income).

If you do push ahead with the request, its about tactics in getting them to agree. I would stress that you feel that your pregnancy is contributing to it being difficult to work full time (no one wants a personal injury claim from a pregnant employee who says work harmed her baby. You probably wouldn't win, but it looks awful in the Mirror!).

As others have said, you could get signed off if you have health problems. It would still count as service. Check your sick pay policy. If you have a realistic HR department, it might also be worth throwing this into the discussions (My doctor thinks that I am overdoing it and suggested that I tried to negotiate some part time hours for a while. If I can't, he wants me to go back and see him). You need to be a bit careful that your doctor has said this (sure he/she would be happy to) and it might make them start talking about medical reports and risk assessments, but if you think that they might take the hint that part time is better than sick leave, it could be worth it.

If you do go part time, bear in mind that your SMP will take your reduced salary. So the bit that's 90% of full pay will be lower and you should check that you still go over the qualifying threshold of £112.75.

Thanks for the advice- just another cheeky question, if I chose next time to not return after matenity leave do I still get the 90% for 6 weeks then the rest at £116 (SMP) a week? I think its gone up to 9 months now?

yes samsmum, you get the statutory whether you return or not, so as long as you are earning more than the threshold you should be fine.

Thank you I am just waiting for any response from my boss now. The ball is in their court.