I am not due back at work til end of Feb - and just found out I'm pregnant again - what do i do?

[whattheheck]

I would be 27 weeks when due back at work
Presumably (ethics of situation apart) I have no rights to a second maternity leave/pay - do I?

I think you do, maybe not an enhanced policy but certainly stat mat pay. Being on maternity leave counts as continuous employment so you should be fine.

Do you have a copy of your contract? It should outline the eligibility requirement.

I don't know for sure what your rights are - but I would expect you to be entitled to a second ml. are you on your first ml? could you suggest (and would you consider) not coming back for the 10-odd weeks? tbh, your employer may well find that less disruptive than when people come back for, say a year and then go on ml again. they can keep the same cover so no recruitment costs and no handovers. congratulations.

Yes you do have a right to maternity leave because your current maternity leave counts as working time iyswim. You are still employed, your terms and conditions are the same therefore you are still entitled to leave and pay. I think there is a slight issue over your pay though - do you just get SMP or an enhanced package? Either way there will be an element of it that is based on your salary in what are called the qualifying weeks. I can't remember exactly but I think that's something like weeks 18 or 21-26? Something like that anyway. Now obviously this will be when you're still on leave so you may only be on basic SMP or nothing at all. I don't what they do about calculating mat pay in that case - maybe they base it what your basic would be? You need to find this out because it might pay you to go back early for your qualifying weeks, work for say 10-12 weeks then take your maternity leave at 32 weeks. Even if you go back at 27 weeks you'll only be at work for 12 weeks maxium (and be knackered). If you want to change your return date you'll need to give them 8 weeks notice so ring up your HR people asap and find out what their procedure is. Don't worry about feeling bad about the pregnancy and a secod maternity leave. This is wonderful news and LOTS of people come back from maternity leave pregnant. It's none of anybody else's business. I find myself saying this quite a lot on mumsnet atm - in the real world women get pregnant and everybody else just has to deal with that. You've done nothing questionable at all.

yes you are entitled to take another mat leave, and congrats to you!

and well said, northernlurker

some useful info here

Reading that I think that you need to watch the earnings issue as if you are on unpaid leave at week 26 you may not then get SMP for the second time. But that would as I said above be easily solved by going back and working earlier which as it's at the point in the pregnancy you'll feel most like working I would definately do.

Hello thank you for all these

this is first ml

originally i got 13 weeks pay then due 26 weeks £118 pw and then 13 weeks of nowt.

So have a feeling would be in the earning nothing during the qualifying weeks. Eek.

The thought of returning to work shudders

How much will you earn in the qualifying period? If you average £95 or more then you will qualify for statutory maternity pay and any contractual benefit that you would normally get. so if your contract pays you 13 weeks full pay you will get this.

it is not relevant that you are on maternity leave, just relevant what contract says and for SMP whether you average £95 or more for the qualifying period.

You must give notice to your employer as usual so by at the latest 15 weeks before the week in which your due date falls. See the governments tiger website.

Irrespective of whether you qualify for SMP, you will be entitled to a further maternity leave period of 52 weeks and you may be entitled to contractual pay - it sounds like your contract gives you 13 weeks of full pay.

See here www.workingfamilies.org.uk/images/Factsheets/factsheets%20090911/maternity_leave090911.pdf

Oh and if you don't qualify for SMP you almost certainly will qualify for maternity allowance paid by the DWP. Almost as good as SMP paid at flat rate of £123.06 for 39 weeks. Your employer will need to confirm in writing that you are not entitled to SMP to claim MA and DWP can tell you how to Claim.

Oh and the earliest date you can take your leave is 11 weeks before baby due. You could take holiday you have accrued on maternity leave and holiday you will accrue on next materntiy leave after this maternity leave ends and then start your next materntiy leave at the end of holiday. So technically you return to work, but in fact you are on holiday and then start your second maternity leave.

Have a read at the factsheets here
www.workingfamilies.org.uk/index.php?option=com_content&view=article&id=413&Itemid=469
they have a free helpline 0800 013 0313/ [email protected]