Page 2 | Maternity leave again

WeyAyeMan · 2021-12-12T08:53:44+00:00

Hi all hoping for some advice please. I'm currently on maternity leave due to return in March however this is flexible, have 10 KIT days I can use before then. My baby is 8 months old and maternity leave becomes zero pay on 11th Jan. I've just found out I'm pregnant again, obviously very very early so I don't feel comfortable approaching HR yet (very small school HR is one woman --gossip)-- I've worked out that I'll roughly be due mid august, looking at the policy it says you get full maternity pay after 26 weeks consecutive service. I've worked there 7 years, would this mean consecutive service as in I need to return for atleast 26 weeks before being entitled to maternity leave again? Or just worked there in total more than 26 weeks? This is all I can see in the policy and I'm finding it very confusing Thank you in advance [smile]

Original poster

WeyAyeMan · 12/12/2021 09:27

@dementedpixie

Are you a teacher or support staff? Both are required to return to work for a period of time so they don't need to pay back the extra OMP Support staff - 3 months Teacher- 13 weeks

Have you read what you posted?

I'm teaching assistant which falls under support staff. Yea I've read it but I don't understand, there seemed to be nowhere specific I could find how long I'd have to be back before being entitled to maternity leave again

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Original poster

WeyAyeMan · 12/12/2021 09:29

@Ohhgreat

Your maternity pay will be based on what you earn in weeks 17-25 of pregnancy. So if you're on nil pay for some of those weeks, it'll lower the average salary and thus your mat pay. Also be careful about how long you need to be back at work in order to not repay your OMP - this is normally 13 weeks at your pre-maternity level (so if you return part time having previously been full time, you have to work longer than 13 weeks).

I've reduced my days from 5 to 2.5. So this is going to mean I need to return for double the time before I'm able to go on maternity leave again, without paying anything back, and receiving my normal maternity pay?

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MalbecandToast · 12/12/2021 09:31

Ahhh that's a shitter if you'd waited til you came back again to reduce your days you could have hot higher enhanced pay.

But no not double, just 13 weeks back. But back includes using annual leave. If your baby is not due until August and you go back in March that should be fine shouldn't it?

williremember · 12/12/2021 09:34

Remember if you go back part time, your second maternity leave may be calculated on part time wages. Check carefully as I know someone who misjudged what they would receive because of that.

williremember · 12/12/2021 09:35

Sorry... cross post

dementedpixie · 12/12/2021 09:35

As I said before you will qualify for leave again but in order not to have to pay back your existing OMP you will need to return for 3 months at the end of leave.

The Statutory Maternity Pay part of your pay is determined by the salary you get in weeks 17-25 of pregnancy so if you are unpaid at that point then it will be £0 too. Ideally you want to be back at work at that point to maximise your pay when you drop to SMP only

Original poster

WeyAyeMan · 12/12/2021 09:39

@dementedpixie

As I said before you will qualify for leave again but in order not to have to pay back your existing OMP you will need to return for 3 months at the end of leave.

The Statutory Maternity Pay part of your pay is determined by the salary you get in weeks 17-25 of pregnancy so if you are unpaid at that point then it will be £0 too. Ideally you want to be back at work at that point to maximise your pay when you drop to SMP only

Thank you, I think I understand it.

Appreciate the help

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Original poster

WeyAyeMan · 12/12/2021 09:40

@MalbecandToast

Ahhh that's a shitter if you'd waited til you came back again to reduce your days you could have hot higher enhanced pay.

But no not double, just 13 weeks back. But back includes using annual leave. If your baby is not due until August and you go back in March that should be fine shouldn't it?

Yes I know! Gutted I only had the flexible working request approved two weeks before I found out im pregnant again!

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Original poster

WeyAyeMan · 12/12/2021 09:42

So looks like I'll be fine to go back in March, without paying OMP back, and will be roughly 17 weeks pregnant by then.

Thank you everyone for helping me to understand!

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flowery · 12/12/2021 09:45

I can’t see anything there suggesting you only qualify for occupational maternity pay if you were physically at work for a set period before going on maternity leave.

I also can’t see anything stating that the “full pay” occupational maternity pay will be based on earnings during weeks 17-25 of pregnancy. That’s the calculation period used for statutory maternity pay.

Therefore I don’t see any reason you need to go back to work to get it. They don’t have anything they could point to in order to deny you it.

However, occupational maternity pay is conditional on you returning to work for three months afterwards. So I would imagine they may well say that if you go straight on maternity leave again without coming back, you would need to pay back the first occupational maternity pay you’ve received. Or, they might say you have to return for six months after the next maternity leave.

Original poster

WeyAyeMan · 12/12/2021 10:04

@flowery

I can’t see anything there suggesting you only qualify for occupational maternity pay if you were physically at work for a set period before going on maternity leave.

I also can’t see anything stating that the “full pay” occupational maternity pay will be based on earnings during weeks 17-25 of pregnancy. That’s the calculation period used for statutory maternity pay.

Therefore I don’t see any reason you need to go back to work to get it. They don’t have anything they could point to in order to deny you it.

However, occupational maternity pay is conditional on you returning to work for three months afterwards. So I would imagine they may well say that if you go straight on maternity leave again without coming back, you would need to pay back the first occupational maternity pay you’ve received. Or, they might say you have to return for six months after the next maternity leave.

I'm due to go back in March anyway, so they'd get their 3 months back.

I thought I was just being stupid but I really don't find their policy clear at all! This was my first maternity leave and I was absolutely clueless.

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flowery · 12/12/2021 10:25

Sorry! In that case you’re fine! Continuous service is maintained throughout maternity leave, and there’s nothing saying “full pay” isn’t your normal pay, regardless of whether you qualify for statutory maternity pay.

Original poster

WeyAyeMan · 12/12/2021 10:38

@flowery

Sorry! In that case you’re fine! Continuous service is maintained throughout maternity leave, and there’s nothing saying “full pay” isn’t your normal pay, regardless of whether you qualify for statutory maternity pay.

Thank you 😊

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sparklytriceratops · 12/12/2021 12:08

I went back to work in my school after mat leave number 1 when I was 6 months pregnant. Only worked one term then mat leave 2 started. Didn't affect my mat pay or rights in the slightest.

Congratulations on your pregnancy!!

Original poster

WeyAyeMan · 12/12/2021 12:23

@sparklytriceratops

I went back to work in my school after mat leave number 1 when I was 6 months pregnant. Only worked one term then mat leave 2 started. Didn't affect my mat pay or rights in the slightest.

Congratulations on your pregnancy!!

Amazing, that's all I'll be doing one term! Thank you

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