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HR advice

Hi there, I wondered if anyone who works in HR might be able to help an advise me.

I started maternity leave 29/1/14  (the day my daughter was born, she was 7 weeks early) and planned to take a full year off.

My husband and I have recently found out we are expecting baby no2! Due middle of May.

So when I am due to go back I will be 24 weeks. As I had a premature baby last time and they do not know why I have been told it wold be likely again and I should rest as much as possible. What I want to know is, I know I can't start MAT leave until 29 weeks but as I am owed 7 weeks holiday, can I return to work for eg 1 day 30/1/15 then immediately take my holiday before starting my second lot of MAT leave when I'm 32 weeks? 

Im sure this will annoy my employers but if I'm legally allowed to do so and for the protection of my unborn child I would to do so. 

I work as a retail manager so am on my feet all day, so pretty sure my doctors and midwife will advise me not to work in my 3rd trimester.

any advise would be great. Thanks.


  • MISSFMISSF Posts: 123

    Hi nooey, firstly congrats on falling pregnant again image I work in the NHS so mat leave/rights are slightly different but to be entitled to mat leave for  2nd time the employee has to be back in work for (i think) 3months..I'm not sure if this would be able to be taken as holiday. Are you part of a union? They are the best people to ask as they know policy's inside out.



  • Congratulations on your second Nooey! I don't work in HR but I know a wee bit about maternity leave/pay as my mum does some payroll. 

    Basically you you can take as many maternity leaves as you want all on top on each other without having to go back to work. As your current leave would finish before you can start your next one I think it will depend on your employer about taking the accrued holidays but it can be done. A girl who used to work at my work finished her first mat leave at 9months took her 5 weeks accrued holidays then the second mat leave started, she then didn't come back to work with us. She didn't work any days in between mat leave/holidays either.

    if you were entitled to any additional maternity pay it might affect that but with statutory not officially working (though I know mat leave is counted as working) shouldn't affect your entitlement - I'm pretty sure anyway xx

  • Congrats Nooey! You can absolutely take back to back mat leave without returning. You would tell your HR dept that you'd be returning on 30/1/15 but taking your holiday. It's then the exact perfect 'legal' time to announce your pregnancy as it's 15w before your EWC and you'll have your matB1 form. You would hand in your form with your proposed mat leave date of 21/3/15 (roughly) which is when you'll be 32 weeks. Job done!

    You're perfectly entitled to do it and chances are (huge presumption here but I used to work in retail too and it's not exactly family friendly!) you won't be returning anyway.  

    You'll just have to consider the effect on your 90% 6 weeks pay - as this is calculated on weeks 17-25 average earnings it's probable that yours will be zero. But you'll still get statutory pay. (Again, I'm assuming - sorry! - that you don't get an enhanced package as I didn't when working in retail. If you do, your HR dept will be able to give you exact numbers when they know the situation.)

    huge congrats again x

  • NooeyNooey Posts: 413

    Thank you, so much ladies, especially MrsSB2. I had done a little research before and read up on direct gov website, so was pretty sure legally I could do it. Your quite right it's not family friendly, so I won't be returning. xx I may have some more questions coming your way......


  • Yey nooey, congratulations sweetie image that's brilliant news. How are things with Darcy?

    i thought I'd read something about having to go back to work for 8 weeks to qualify for smp? Just worth checking. Worst case is you'd be in work a week then take your holiday.

  • Here you go Hun, it's to do with how they calculate smp the 8 week thing. This leaflet covers the whole situation

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