I returned from a career break last year while pregnant and HR are taking a very long time trying to work out what I qualify for.
To qualify, I need to have:
- qualify for SMP
- be in paid service at the time maternity leave starts and have completed at least one years service
In order to qualify for smp I need to have 26 weeks service ending with the 15th week before EWC which I do have but it’s not all paid as I didn’t return to work until I was a couple of months pregnant. It doesn’t specify that it needs to be paid, I worked here for 7 years before going on career break.
My career break document says that I won’t qualify for maternity pay while on career break because I wouldn’t “meet the criteria to be in paid service at the time maternity leave starts” - but I will be as I’ve returned. I also earned well over the threshold during the period to qualify for SMP.
The form I filled in (not the actual policy) states that I must have “been in continuous paid employment for 12 months by the time mat leave begins” which I have been.. but not in the immediately proceeding 12 months. I have years of continuous employment from before my career break.
My career break document is not super helpful here but does say “Your statutory rights in relation to continuity of service will not be affected and your continuity of employment will be preserved.” And “If you are pregnant during the period of your career break your right to take contractual or statutory ordinary or additional maternity leave will continue to apply during your career break.”
Has anyone had a similar situation to this? The only thread I could find was a lady who hadn’t earned above the threshold in the qualifying weeks but that doesn’t apply to me.
It seems very clear that I will get leave, but unclear how much of that is paid.