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Entitlement to maternity pay after career break

2 replies

SunnyDuck · 15/04/2025 03:17

Posting here as I’m struggling to get a response from my HR dept and am loathe to ask colleagues at this early stage.

I am very newly (accidentally but happily) pregnant and due to come back to work in June after a 5 month career break to travel since January. I’ve worked for my current employer (MoJ) for three years pre break (since 2022) and for the Civil Service overall for 9 years continuously (again pre sabbatical). As it currently stands I’ll be back at work for about 7 months before I would be due to go on mat leave.

My question is for any fellow CS’s or anyone who can help understand whether I’ll meet the SMP and contractual maternity pay guidelines as I’m v confused!

My career break guidance states that I’m still employed and my break is essentially a ‘stop the clock/pause’ on my continuous service. I.e I still have a contract in place and when I come back I’ll have 9 years total / 3 years with MoJ, not 9 years plus 5 months, but not 0 years.

For contractual maternity pay I need to have one years continuous service (which I will have, but not POST coming back). For SMP it’s the 26 weeks up to 15th wk before EWC, and hitting the earning thresholds for the 8 weeks before EWC. All of this I will meet - assuming that the 26 weeks rule is continuous service overall, not continuous service once I get back from my break?

Has anyone got relevant experience here or an understanding of what this means? I’m hoping I will meet it due to still being employed (just not currently paid) and the length of time I’ll be back for (meaning I’ll easily meet the earning criteria for SMP) but the wording is stressing me out! Thankyou!

OP posts:
Overtheatlantic · 15/04/2025 03:23

Does your contract give a continuous service date? It should be your start date, not your return date from sabbatical. I think you should be fine. A sabbatical doesn’t break or end a contract. It’s just an entitlement.

Babyenroute · 15/04/2025 03:48

Congrats! No direct experience myself but know someone who was pretty much in this exact experience but only returned for two months before going off on maternity, and had taken a year career break and they are getting their mat leave pay as normal given they were still employed over their career break.

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