Quizzes & Puzzles1 min ago
Multiple Maternity Leaves?
3 Answers
Me and my fiancee have a 6 month old beautiful baby girl, and we were planning on having 2 children to complete our family. Her maternity is due to 'expire' in September, with her taking the following 4 weeks off due to accumulated holidays to use. Meaning she would potentially go back to work from October time. We were wondering of any complication regarding a second maternity pay? Such as how long she would have to go back for, before leaving on maternity again due to our second baby being due? Is there a 'You must work for X months before maternity can be claimed' rule?
Background info: She's an overseer (carer) for the capable elderly, so she's quite capable of going up to 8 months pregnant before starting maternity. She has been with this company for 22 Months currently, 15 of which were before leaving on her first maternity leave.
Any information, especially first hand experiences would be greatly appreciated as the gov.uk website is a little foggy and formal making it hard to understand in 'plain english'. Thanks!
Background info: She's an overseer (carer) for the capable elderly, so she's quite capable of going up to 8 months pregnant before starting maternity. She has been with this company for 22 Months currently, 15 of which were before leaving on her first maternity leave.
Any information, especially first hand experiences would be greatly appreciated as the gov.uk website is a little foggy and formal making it hard to understand in 'plain english'. Thanks!
Answers
1 to 3 of 3
Best Answer
No best answer has yet been selected by Random-Hero. Once a best answer has been selected, it will be shown here.
For more on marking an answer as the "Best Answer", please visit our FAQ.
I found some very useful information outside of the government approved websites which is worded a lot clearer, especially the FAQ section for anyone else wondering!
https:/
https:/
In order to be eligible for maternity leave/pay, an employee must have worked for an employer for a continuous period of 6 months. The definition of 'continuous' includes both maternity leave and annual leave.
However it's worth noting that the right to claim for unfair dismissal doesn't commence until after 24 months employment. Up until that point an employer can dismiss an employee for any reason they choose (except as below) or, indeed, for no reason whatsoever.
The only exceptions to the above are those covered by discrimination legislation. (e.g.an employer can't 'fairly' dismiss an employee who has worked for less than 24 months solely because the employer has found out that they're gay or that they're a Muslim. The laws on 'discrimination' apply prior to the 24-month cut-off).
So there's a currently risk that the employer could dismiss your fiancee if they became aware of the fact that she was planning to take maternity leave again in the near future. (A tribunal might possibly rule that such a dismissal amounted to sexual discrimination but the only way to find out for sure would be to get dismissed, pay to go to a tribunal and take ones chances).
So your fiancee would probably be best advised not to tell her employer yet about her plan to take further maternity leave.
However it's worth noting that the right to claim for unfair dismissal doesn't commence until after 24 months employment. Up until that point an employer can dismiss an employee for any reason they choose (except as below) or, indeed, for no reason whatsoever.
The only exceptions to the above are those covered by discrimination legislation. (e.g.an employer can't 'fairly' dismiss an employee who has worked for less than 24 months solely because the employer has found out that they're gay or that they're a Muslim. The laws on 'discrimination' apply prior to the 24-month cut-off).
So there's a currently risk that the employer could dismiss your fiancee if they became aware of the fact that she was planning to take maternity leave again in the near future. (A tribunal might possibly rule that such a dismissal amounted to sexual discrimination but the only way to find out for sure would be to get dismissed, pay to go to a tribunal and take ones chances).
So your fiancee would probably be best advised not to tell her employer yet about her plan to take further maternity leave.
If dismissed during the first two years' employment because of pregnancy or maternity leave, there is no doubt about its being unfair or discriminatory. From the ACAS site, "In certain circumstances, however, dismissals will automatically be considered to be unfair, and employees will not be required to have two years' service before making a claim. These include dismissals for reasons such as pregnancy or maternity leave, trades union membership, whistleblowing, reporting health and safety risks or assertion of statutory rights. These exceptions are all set out in the Employment Rights Act 1996."
1 to 3 of 3
Related Questions
Sorry, we can't find any related questions. Try using the search bar at the top of the page to search for some keywords, or choose a topic and submit your own question.