Returning from maternity leave pregnant - when to tell boss?

[2under2in2024]

As the title suggests, I'm currently on maternity leave but have just found out I'm pregnant again.

This wasn't the plan, and very unexpected due to previous infertility issues, but we're thrilled.

I'll be 4 months pregnant when I return to work, though considering asking to return part time a month earlier to build up savings.

I'm torn between telling my boss as soon as we've had the 12 week scan so they can plan around this (possibly keep maternity cover on and give me a project based role for the short time I'm back) or wait until later in the pregnancy.

My instinct is to tell them asap, but is there anything I'm not considering?

If it makes a difference, my boss is wonderful and the company is very progressive, I'm not worried about being treated badly. It's not a small company, so 2 back to back maternity leaves won't bankrupt them (but I do feel very guilty).

Check your organisation’s maternity policy. Did you receive enhanced pay? Was your role filled while you were away?

I would tell them ASAP, just out of courtesy, especially if your current maternity cover has been doing a good job, gives them an opportunity to keep them on.

I didn't go back pregnant but did get pregnant almost immediately eg. Went back in at end of q2/q3 told them I was pregnant in early q4

In a nutshell:
Check the policy and protect yourself.
Do what is right for you.
I'd personally disclose as after 12wk scan but I have good maternal health and believe in letting the business plan ahead.

Congratulations!

Please don't feel guilty, why should you?!

I would tell them as soon as you are comfortable to and not before.

If they’re decent and you have no concerns about being mistreated, I’d tell them early to give planning time. But prioritise yourself, not the business.

Yes tell them ater 12 weeks, pregnancy is a protected characteric so you are covered from that angle. Also do consider returning ft using A/L for some shorter weeks, you will get much better maternity benefits that way.

Yes my role was filled and I received enhanced pay.

The mat leave policy is that you qualify for enhanced pay after 13 weeks in the role, so i don't think it's an issue to getting a second round of enhanced mat pay

I would make sure you qualify for SMP as often occupational is a top up to SMP.

This is a good flag, thank you so much for raising. I think this could be a bit tight.

I think the first part should be ok as I've been an employee since early 2022 (though some websites say "have worked for at least 26 weeks" which is obviously different!).

The having earnings above £123 for 8 weeks before the 15 weeks before due date qualifying period (what a brain bender!) is a bit touch a go depending on when scan puts my due date at.

Might be prudent to go back to work sooner than originally planned!

I definitely recommend going back to lock in the 8 week period. I certainly recommended it to many employees in your position.

Just looked into this more and think it's an average in the 8 week period? So if I was only working for 4-6 weeks of the qualifying period but my pay for that period divided by 8 is more than £123, that is ok?

I will still aim to return sooner than planned, but I'm not sure on due date yet and it's all very tight to give them notice to return.

I’m out of practice (retired) so my advice is to check with your HR/payroll team.

And sorry to ask one more question @Sisterpita, but would pay for KIT days count towards this?

Thank you for your help, I will do

@2under2in2024 on gov website section 3

https://www.gov.uk/government/publications/maternity-benefits-technical-guidance/maternity-benefits-technical-guidance#:~:text=If%20a%20week%20in%20your,lose%20SMP%20for%20that%20week.

Working in the MPP for the employer paying you SMP - Keeping in Touch (KIT) days

You can work under your contract of service for the employer paying you SMP for up to 10 days during your MPP without losing any SMP. These special days are known as KIT days.

KIT days are intended to help you keep in touch with your workplace and allow you to do some work during your Maternity Pay Period without affecting your SMP. They could also help ease your eventual return to work. The type of work you do could be attending work for a training course or for an appraisal interview. These are just examples, but whether you take advantage of these days is your choice - both you and your employer should agree that you can work on those days. Your employer does not have any right to insist that you work.

Any work you do as a KIT day, even as little as half an hour for example, will be counted as a whole day for KIT days. They can be taken as single days; in blocks of two or more days; or can be taken consecutively. Once you have used up your 10 KIT days and you do any further work, you will lose a week’s SMP for the week in the Maternity Pay Period in which you have done that work.

If a week in your Maternity Pay Period contains only KIT days, you will be paid SMP for that week. If a week in your Maternity Pay Period contains the last KIT day and you do a further days work in the same week for the employer paying you SMP, you will lose SMP for that week.
For any KIT days that you work under your contract of service for the employer paying you SMP, your employer must pay you the SMP due for that week as a minimum. Any contractual payment for the work done as a KIT day, will depend on the agreement between you and your employer.

As a manager, it's handy to be told in tone to keep the current maternity cover in place.

As a mother, I say it's completely up to you to balance your work/life/pay etc and tell your employer when you're ready!

If those times coincide - happy days!

This is a good tip!! I had negotiated part time working before I found out I was pregnant for the second time, so I now get less pay for second maternity leave!

You do not need to disclose your pregnancy until 25 weeks so just tell them when you feel comfortable.

And as others have advised it's worth ensuring you are working during the qualifying period

Oh @Sisterpita I worried about entitlement too as was close to the 8 week period. The government website has an eligibility checker to see if you are eligible for SMP. They calculate this based on your TOTAL earnings for the qualifying period divided by 8. So if you earn sufficiently over to make up for the weeks which are lower, you should be fine! Check out the eligibility checker though.

Sorry for the multiple posts. This is the checker I used, for employers.

www.gov.uk/maternity-paternity-calculator

@2under2in2024 yes KIT days would count towards your average earnings as would any annual leave you take. Can you use annual leave to help you return early but in a phased way?

Thank you so much for all your help.

I've used the eligibility checker and it says I will be fine even if returning on my planned date, but I've also got quite a lot of annual leave carried from 2023 which I can use, so confident now that there shouldn't be an issue qualifying. Thank goodness I knew to check this thanks to you all though.

Pleased to hear the stories about others who've done it and it's gone down fine.

We are having a heartbeat scan next week, so hopefully good news. Feels crazy to be having to think about and plan these things without even knowing the pregnancy is viable.

Hey I went back 17 weeks pregnant. I had a load of annual leave so was being paid fully for a few weeks before I went back.

I told my manager on my first day back, hadn’t really been in touch much before that.

I didn’t have to pay back the enhanced maternity pay, I assumed that would be classed as discrimination….I would be at work if I hadn’t been pregnant 🤷‍♀️

I didn’t take the enhanced pay 2nd time around and didn’t return to the job.

Finished on my planned last day and baby was born 36 hours later!