Need help from any teachers out there RE maternity pay/ leave second time round

[jojo76]

Am totally confused about maternity leave/ pay after chatting with a friend today. I returned to work in July following maternity leave. I am now pregnant with number two - haven't told head yet...... looking forward to that one this week ... eek!!

Basically I thought that maternity leave was considered continuous service but my friend says that if you take additional maternity leave (after 26 weeks) unpaid, (which I did - 8 weeks of) you break continuous service and therefore don't qualify for further maternity pay and SMP - you need 26 weeks continuous service before 15th week before due date - I'll only have 23 since I returned from maternity leave. (if that makes any sense!!) Now I'm startig to panic!!

Just read this through - so confusing - just wondered if anyone had been in a similar situation and had any advice for me - it would be greatly appreciated, have been trawling that internet and have just got more and more confused!!!

thanks

 

[katree]

Im not a teacher (I'm a nurse) but I was pregnant again within 3months after returning to work after mat leave and it didnt affect any maternity pay I had the 2nd time, have never heard of what your friend is saying though so sorry cant really help u out on that one. Do u have a HR department u can ask without your head finding out??? xx

Edit:- Found this article xxx

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 you have the same right to take maternity leave and receive maternity pay as with your first pregnancy.

However, if you do not return to work (or do not return for very long) you may not earn enough to qualify for Statutory Maternity Pay (SMP) for your second period of maternity leave. This is because your SMP entitlement is based on your average earnings over the 8 week period before the 15th week before the baby is due (about weeks 17 to 25 of pregnancy). However, if you don’t qualify, you are likely to qualify for Maternity Allowance instead.

Returning to work before or during the 8 week qualifying period for SMP will boost the pay you receive for your second maternity leave period. This is because the first 6 weeks of SMP are paid at 90% of the average earnings you received during the 8 week qualifying period. By contrast, MA is paid at a flat-rate (£128.73 a week in 2011/12) throughout.

For your second period of leave you must give the same notice as you did the first time. Remember that leave cannot begin more than 11 weeks before your expected week of confinement.

If you do not return to work between your two periods of maternity leave this may have implications for your eventual return as, regardless of how much leave you take second time around, you will only have the right to return to the same job if it is reasonably practicable to do so. If it is not reasonably practicable, your employer may offer you a suitable alternative job on similar terms and conditions. If you return to work between the two periods of leave – even if it is just for a day – and then only take Ordinary Maternity Leave after the birth of your second child, you will have the right to return to the same job.

 

[maybe11]

Its classed as continuous service : Its maternity leave regardless of what/how much you get paid. Try ACAS for more advice.x

 

[jojo76]

Thanks to both of you - great advice! Phew, starting to feel better about this now!! xx

 

[can'twait]

I was worried about this too, especially as I've only gone back 2 days a week. I'd ring your union and tell them your situation. Hope all is ok xx