Maternity benefits query

[MaggieW]

I'm currently on unpaid leave following normal maternity leave. I'm due back at work in the New Year but am now pregnant again, due mid-June. Does anyone know what the situation is regarding maternity benefits - what are they for someone in my situation? I've worked for the company for 11 years and am on an unpaid leave contract which basically holds open my job providing I return on the nominated date, which I intend to do. Any advice appreciated.

I think it depends upon if you are simply on the statuatory (sorry can't spell) benefit, or if your employer paid you additional. If additional, you usually have to return for a certain length of time - in my case 3 months full time equivalent.

If you aren't able to do that, I suspect you would have to return some of your first maternity pay, but it shouldn't affect your second maternity pay, unless the additional your employer pays out is conditional on continuous service (even then you ould be entitled to statuatory pay).

Could you have a confidential chat with HR? Sounds like a complicated situation!

MaggieW, you will be entitled to statutory maternity pay for 26 weeks (6 weeks at 90% of your normal pay followed by twenty weeks at £100 per week)if (take a deep breath...):

"in the eight weeks ending with the week immediately preceding the 14th week before the expected week of confinement, your earnings are not below the lower earning limit for national insurance purposes"

depending on your return to work date and the exact date when your baby is due and assuming your weekly pay is over the lower NIC earnings level, you should just about make it, but get it checked with the actual dates and if necessary, give your employers notice that you want to go back to work early to ensure you meet the eight weeks earnings criteria.

Good luck and HTH.

Hey sis, I'm sure my boss told me I was getting £75/week for 18 weeks not £100 for 26. Has the amount changed recently?

It changes on 6th April next year:

anyone with an EDD of 6th April or later gets the new rate from the start of their standard rate SMP regardless of actual date the baby is born

anyone already on maternity leave gets £75 pw (after the 1st 6 weeks at 90%) until 5th April, then £100 pw from 6th April onwards.

Unfortunately if your EDD is before 6th April (even if only just - and even if the baby isn't born until after 6th April) you only get the 18 weeks.

Thanks for your help. I think I've got my head around the 8 week rule! I was on full pay for 18 weeks for my last maternity leave, so is that now superceded by the new legislation or is it down to the discretion of an employer to pay over and above the statutory rate?

I think you'll have to check what your compay's maternity policy is. The minimum they can give you is the statutory amount, any more is at their discretion, so it sounds like they were more generous than they had to be last time. Here's hoping for your sake that the same (or better!) still applies. I doubt they'll have reduced what you get anyway.

Sounds like you have good employers - I ended up going back after 18 weeks of only statutory maternity pay as they wouldn't otherwise guarantee the same job back, only an "equivalent" one which was further away from home. So after a few months they've now got me going into London (with a 6-hour return trip) anyway. BS!

MaggieW, I echo GillW's comments on what you may get from the company this time round.

GillW, 6 hour round trip to work? ouch! it sounds awful, I hope you find something local soon!