My maternity leave is about to finish and I am pregnant again. What are my rights?
Your maternity leave does not break your continuity of employment, so your right to maternity leave for this pregnancy will be based on your total service with this employer. You might also qualify for SMP, as long as you meet the normal conditions.
You must give the same notice as you did the first time you went on leave.
It is important that you physically go back into work for a period – even just one day – in order to maintain all of your rights. You will, however, have the same rights as you would have received on returning from Additional Maternity Leave i.e. the right to return to the same job, or if that is not reasonably practicable, a suitable alternative job on similar terms and conditions.
You should also note that SMP is calculated on average earnings of 8 weeks before the 15th week before the baby is due. Therefore, if you received Statutory Maternity Pay or Maternity Allowance for your first period of maternity leave, then your next maternity leave will be calculated using the actual amount of money you received in this time, which in tax year 2008/09 was £117.18 per week..
Returning to work between the two leave periods may increase the amount of SMP you receive, particularly if you can return 8 weeks before the end of the 15th week before the baby’s due (i.e. when you are about 7 weeks pregnant).
your rights: maternity leave and pay - from workSMART.org.uk
ETA: No, I don't get how you'd be 7 weeks pregnant 15 weeks before the baby is due, I'm wondering if this is a typo that should read 17?
