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Maternity Leave And Rights


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I wonder if anyone is an expert on maternity leave/pay/entitlements etc? I am puzzling over what I need to do because one of my ladies who is on maternity leave has just announced she's pregnant again!

 

If an employee gets pregnant before she returns from maternity leave I'm presuming she is entitled to maternity leave again on the basis that her maternity leave is counted as a period of continuous employment? And therefore to maternity pay if she earns enough during her qualifying period?

 

I have looked at the hmrc and acas websites but they don't have an answer to the specific question "what happens if an employee gets pregnant on maternity leave?". It is possible she'll work for only ten weeks before going off again!

 

Thanks in advance of any help you might be able to offer!

 

Madge

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Goodness - has she not found out what's causing it!

 

I would assume that you are right - it's probably worth a phonecall to your friendly helpful taxman - although maybe not this week as it's financial year end and they'll be snowed under!

 

As she'll be doing 10 weeks I would have thought it will mean that she gets a fresh entitlement to SMP. (I wonder how long she'll be able to keep this up)

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Goodness - has she not found out what's causing it!

I had three before I worked it out Cait! xD

 

Ten weeks back in a setting before going off on maternity leave again doesn't sound very good for the children either, if I'm honest. They'll just about get used to her being back and then she'll be off again! Mind you, I guess it is a bit like having a member of bank staff in for a prolonged period. Although we don't use bank or agency staff in our setting, so I might be being a bit extreme here!

 

It does seem a bit of a burden on the small employer though: if you timed it right you could go off on maternity leave with brief periods of working for around five years or so until your family was complete! :o

 

Maz

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Having said that it will be unsettling for the children if she is only back for a short time. I had a Manager and Deputy both off on Maternity leave at the same time!

 

However no small business should suffer. I had a meeting with HMRC and was told in real terms we would be better off when staff are on maternity as the reduction in Nat Ins and tax paid to cover maternity leave would be MORE than normal wages. (Apparently it is done like this so you can employ a replacement during Maternity leave)

 

Sure enough it worked out fabulously, I had two happy staff AND more money to play with due to the reduction in Tax and Nat Ins!

 

Just my 4d worth

 

The Token Male

 

Tony

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  • 1 year later...

i have a member of staff starting maternity leave on the day were due back sept, i know they dont have to tell us anything but is saying off for 6 months, can anyone tell me if that means returning 26 wks from starting or 26 wks with holidays that would have been in that time (half trms, xmas hols) added as extra, so making 31 wks, have tried reading up on it but not very clear when it comes to term time only working. and as we only open 38 wks per year and smp is 39 wks now could that mean the whole yr off to cover the 39 wks ? hope that makes sense. thanks

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Guest jenpercy
i have a member of staff starting maternity leave on the day were due back sept, i know they dont have to tell us anything but is saying off for 6 months, can anyone tell me if that means returning 26 wks from starting or 26 wks with holidays that would have been in that time (half trms, xmas hols) added as extra, so making 31 wks, have tried reading up on it but not very clear when it comes to term time only working. and as we only open 38 wks per year and smp is 39 wks now could that mean the whole yr off to cover the 39 wks ? hope that makes sense. thanks

 

I would not count anything. It is up to her when she returns. I have had several promise faithfully that they would be back.... Of course we don't take babies - may be different if you do.

 

One thing I can tell you is that SMP will be paid for a straight number of weeks, regardless of how she was paid before, so her money will run out exactly 39 weeks after it started. From memory, she has to give you one month's notice of returning to work, regardless of what she is saying now.

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it would be straight weeks.. no account of when you are closed or open... so 26 weeks from the date she starts... but she is also entitled to the 26 weeks 'Additional Maternity Leave' - making one year in total.

 

 

(same with sick pay as I found out when I was off long term , i was still paid weeks when setting was closed.. )

 

 

the HMRC site is quite helpful.. if unsure ring them, they have always helped me when I have called with queries..

 

not sure how the eligibility will work out if she starts after you have been closed for 6 weeks... as it says to be eligible she must

 

have worked for you continuously - full or part-time - for at least 26 weeks up to and into the 15th week before the week the baby's due

 

Only had this happen once and she turned out not eligible for the payments as she had not worked enough hours in this time so just had to give her the relevant form saying so..

 

Inge

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thank you inge, didnt think it could be right that you could use 39 wks mat leave to cover a whole yr if u didnt count holidays, i'm presuming that as aug pay is holiday pay (5.6wks pro rata) that it will still count as continuous employment, and like you we wont actually be paying the smp.............more concerned about how long the setting will be minus our recently :o trained senco

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If not paying any smp , the form to give can be printed from the HMRC web site.. this informs them why you will not be paying... and in reality our staff member never returned... so perhaps contingency plans need to be in place for training new Senco - she could be off a year - that is if she returns.

 

Inge

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