Maternity rights, what are they now?

[LullyMummaOfOne]

Hi, its been 2.5 yrs since i last took maternity leave so wondering what our entitlement is now. Is it now 9 months or still the normal 6? Ando does that amount go to everyone?
Thanks

There are now two types of maternity leave:

OML - Ordinary maternity leave
AML - additional maternity leave

OML is the first nine months of your maternity leave and you are entitled for SMP for the whole nine months, provided you have worked for your employer for 26 weeks prior to taking it. If you are not entitled to SMP, you may be entitled to MA.

AML is the rest of your maternity leave. So from nine months up to a year and this is unpaid.

If you return to work after OML, you have the right to return to the same job which you left.
If you take the AML then you have the right to return to the same company but not nessecailrly the same job.

Here you go lully, directgov has the basics, and there are links on that page for more information about maternity pay and other entitlements, and what qualification requirements there are.

Although the regulations have recently changed, OML is still only the first 26 weeks of maternity leave, with the second 26 weeks being additional maternity leave.

However, you can now claim SMP for 39 weeks.

Oh sh*t pinkjuenny, I didn't realise that, does that mean because I'm past 26 weeks I don't have the right to return to my job?

I'm not anyway beacause its full time, but it was a good back up plan

Broadly speaking, you are entitled to return to the same job as you were doing before. However, as you are now on AML, if it is not practicable to allow you to return to your original job, you can be offered a suitable alternative, provided the status and terms and conditions are as good as those of your old job.

Having said that, your company would need to have grounds for maintaining that it was not practicable to keep your job open for you.

Thanks pinkjenny

Thanks Ladies, some very intresting info here.

Just one last thing, if i want to take the 39 weeks SMP but my Company hand book says we are only entitiled to 26 weeks does this mean i cant have the full 39 weeks?

Is it the goverment who decide or your employer?

This is so confusing and im only nearly 6 weeks pregnant, so a long time to consider all options here!!

Thanks again

No, 39 weeks of SMP is your statutory right, its not up to your employer! How rude of them!

Could it be that they haven't updated the handbook since the changes?

Yes i think that may be the case. It just says we are entitile to 26 weeks SMP and a further 26 weeks AML (unpaid). Once i have told work that im expecting i will contact HR to investigate. Thanks for all your help, dont know what i would do without MN!

Lully it does sound like they've not bothered updating their policy

Be careful - it's not just the length of the period on SMP that has changed. Make sure you get your holiday entitlement for the whole duration of your maternity leave, for example..

There are Keeping in Touch days now, where you can be paid for up to 10 days during your maternity leave without jeopardising your maternity pay.

Other things like notice needed for changing dates has changed as well.

I would check the link I posted carefully against the policy you have been given to make sure you are aware of your rights.