If I get pregnant on maternity leave will I get paid for my second maternity leave?

[ALJ1210]

If I were to fall pregnant during my maternity leave, would I still qualify for the same rates of pay as the first, with them being back to back? (6 weeks 90% then SMP).

My specific circumstances:
I work part time for a large supermarket based opticians, I have been employed there since 2018 and am currently on maternity leave with first baby.
I got first 6 weeks 90% pay and now receiving SMP. My average monthly earnings before maternity leave was around £800 per month.

My maternity leave ends on 14/02/2021 then I have annual leave from 15/02/2021 until 14/03/2021 meaning I return to work on 15/03/2021. If I were to fall pregnant this month my due date would be around 15/04/2021.

As you can take maternity from 11 weeks before the due date, I wouldn't have to return to work for those 4 weeks. This would mean back to back maternity leave.

I think it can vary, have you checked your handbook?

I have to say though, I'd be mighty pissed off if one of my staff did that.

I don't believe you would. I think you would only be eligible for maternity allowance

You can at statutory maternity rates but won't make you popular. I must admit I quit work instead

@Somethingorotherorother

I think it can vary, have you checked your handbook?

I have to say though, I'd be mighty pissed off if one of my staff did that.

Why? Would mean you could keep their cover on longer

The calculation of the 90% (For the first 6 weeks) is done by reference to your earnings from weeks 18-25 of the 2nd pregnancy. Am assuming you will have been on stat rates then so you would effectively be on the SMP rate for your whole second mat leave ie you wouldn’t get a second lot of 90% of £800 for the first 6 weeks

@MidnightCitrus i could, on the unlikely chance that they didn't already have something else lined up. Then I'd either have to outbid their next employer or go through all the hassle of finding someone else

I think you might only get MA as your “qualifying weeks” for the 90% would end up being on your SMP.

Also read your contract properly - I HAVE TO return for a minimum of 3 months within 15 months of my EDD to qualify again

Also if you get other means tested help via UC (or tax creds if you’re in a UC changeover area and lots are coming up for switchover) if you got Maternity allowance, you’d have it deducted pound for pound so wouldn’t see any of it.

@Boomclaps

I think you might only get MA as your “qualifying weeks” for the 90% would end up being on your SMP.

Also read your contract properly - I HAVE TO return for a minimum of 3 months within 15 months of my EDD to qualify again

I haven’t checked but I would surprised if your contract overrides statutory entitlements to maternity leave. It would almost certainly affect any OMP but not SMP/MA and leave entitlement.

Yes you can, but your pay will be calculated on your pay during the 15th week before your due date. I.e., whilst you're still on mat leave. So you won't get much.
maternityaction.org.uk/advice/pregnant-during-maternity-leave/
This site explains it all.

@Boomclaps

I think you might only get MA as your “qualifying weeks” for the 90% would end up being on your SMP.

Also read your contract properly - I HAVE TO return for a minimum of 3 months within 15 months of my EDD to qualify again

This would only be to qualify for your works mat pay over and above statutory pay.

@MidnightCitrus employers don’t like doing this because a back to back maternity cover stretch, especially if accrued holiday taken after can mean the maternity cover contract goes over 2 years - this means that the maternity cover would be eligible for a redundancy payment at the end of the contract term.

@Soontobe60 Thank you so much, that link explains it very well. I have now figured out I would qualify for SMP if I were to fall pregnant.

[quote Littlegoth]@MidnightCitrus employers don’t like doing this because a back to back maternity cover stretch, especially if accrued holiday taken after can mean the maternity cover contract goes over 2 years - this means that the maternity cover would be eligible for a redundancy payment at the end of the contract term.[/quote]
that makes sense

@Somethingorotherorother I don't think it would be fair to be 'mighty pissed off' if one of your staff was to fall pregnant whilst on maternity leave. You would have to know the circumstances and even then the right for judgment is unfair. A lot of pregnancies are not planned and accidents do happen. I don't think many people plan to get pregnant when they have a 3 month old 😬 I understand it would be frustrating trying to find cover etc but I can't imagine it being any more stressful than 2 kids under 1 😂

Yeah, but as your hypothetical boss, your inability to practice safe sex is your problem, and the fact that it's a fuck up for you doesn't lessen the fact that it also causes a huge headache for me. I don't employ you so i can care about you, i employ you to do your job. I think it's quite naive of you to think that this wouldnt be incredibly irritating for your manager, and lower their opinion of you.

[quote ALJ1210]@Soontobe60 Thank you so much, that link explains it very well. I have now figured out I would qualify for SMP if I were to fall pregnant. [/quote]
It sounds like your maternity pay would be calculated at 90% of the smp you currently get but it's not clear, so I could be wrong.

@Somethingorotherorother

Yeah, but as your hypothetical boss, your inability to practice safe sex is your problem, and the fact that it's a fuck up for you doesn't lessen the fact that it also causes a huge headache for me. I don't employ you so i can care about you, i employ you to do your job. I think it's quite naive of you to think that this wouldnt be incredibly irritating for your manager, and lower their opinion of you.

Bloody hell, you're a delight aren't you! If it lowers an opinion of a member of staff then that makes you a really shit boss. You do know sex is a protected characteristic don't you? Do you also avoid employing people with a disability, or black people, or gay people?

@Soontobe60 i don't think you read my post properly - absolutely nowhere did i state that i avoid employing women. I stated that I'd be annoyed if a female employee of mine went on back to back maternity leave, and that i wouldn't have a great deal of sympathy for their unplanned pregnancy as they're my employee, not my friend! I don't think I'm unique in that either.

@Soontobe60 Wow, well let's just say I am extremely happy that you aren't my boss! 😁

FYI, people can fall pregnant even from practicing safe sex. My closest friend actually fell pregnant whilst on the implant (over 99% effective) so by your wording, the only way to avoid pregnancy is to abstain from sex... good luck with getting people to agree to that one 😂
If I were your employee and you lowered your opinion of me purely because I fell pregnant again quickly, I'd quit and leave you in the lurch.

@Somethingorotherorother Wow, well let's just say I am extremely happy that you aren't my boss! 😁

FYI, people can fall pregnant even from practicing safe sex. My closest friend actually fell pregnant whilst on the implant (over 99% effective) so by your wording, the only way to avoid pregnancy is to abstain from sex... good luck with getting people to agree to that one 😂
If I were your employee and you lowered your opinion of me purely because I fell pregnant again quickly, I'd quit and leave you in the lurch.

Oops sorry @Soontobe60! That was meant for the above poster, apologies!

[quote ALJ1210]@Somethingorotherorother Wow, well let's just say I am extremely happy that you aren't my boss! 😁

FYI, people can fall pregnant even from practicing safe sex. My closest friend actually fell pregnant whilst on the implant (over 99% effective) so by your wording, the only way to avoid pregnancy is to abstain from sex... good luck with getting people to agree to that one 😂
If I were your employee and you lowered your opinion of me purely because I fell pregnant again quickly, I'd quit and leave you in the lurch.

Oops sorry @Soontobe60! That was meant for the above poster, apologies! [/quote]
🤣🤣 I thought so

The 90% part is based on income during weeks 17-25 of pregnancy so if you are still getting maternity pay at that point you should qualify. You would only get 90% of the SMP amount though so the actual amount of maternity pay will reduce

[quote Somethingorotherorother]@Soontobe60 i don't think you read my post properly - absolutely nowhere did i state that i avoid employing women. I stated that I'd be annoyed if a female employee of mine went on back to back maternity leave, and that i wouldn't have a great deal of sympathy for their unplanned pregnancy as they're my employee, not my friend! I don't think I'm unique in that either.[/quote]
Let’s be very clear here, your comments towards pregnant employees show you to be misogynistic in your outlook. An employer should know and accept the employment laws fully, and if you can’t do that for all of your employees then you are in the wrong job. Who are you to judge a woman who gets pregnant twice in a year? The comment about ‘inability to practice safe sex’ is disgusting. Birth control fails, women get raped, and ultimately women have autonomy over their bodies.

Let’s be very clear here, your comments towards pregnant employees show you to be misogynistic in your outlook. An employer should know and accept the employment laws fully, and if you can’t do that for all of your employees then you are in the wrong job. Who are you to judge a woman who gets pregnant twice in a year? The comment about ‘inability to practice safe sex’ is disgusting. Birth control fails, women get raped, and ultimately women have autonomy over their bodies

This.

I’m disgusted by some of the comments here. Misogyny in the extreme.