Is the employee entitled to a second period of maternity leave?
Yes. This is treated in the same way as a first pregnancy. All female employees are entitled to 52 weeks of maternity leave made up of:
- 26 weeks of Ordinary Maternity Leave
- 26 weeks of Additional Maternity Leave
To be eligible the employee must still notify you by the 15th week before the baby is due and provide a MATB1 form. On a side note, there’s no legal requirement for the employee to return to work between maternity leaves.
Will they get statutory maternity pay (SMP) again?
Not necessarily. To qualify for SMP the employee must:
- Earn on average at least £125 a week
- Give the correct notice and proof they are pregnant
- Have worked for their employer continuously for at least 26 weeks continuing into the qualifying week/period – the 15th week before the expected week of childbirth.
If the employee is on unpaid maternity leave during that time, they may not earn enough to qualify. If they don’t qualify for SMP, they may be entitled to Maternity Allowance from the government.
As an employer, you’re only required to pay SMP if the employee meets the earnings and length-of-service criteria.
Do their employment rights continue?
Yes. Even if the employee is off work for an extended period due to back-to-back maternity leaves, there is no break in their employment.
This includes:
- Accrual of annual leave
- Pension contributions (during paid leave)
- Right to return to work (after maternity leave)
- Protection against unfair dismissal or discrimination
You should still conduct any regular communication (e.g. keeping in touch (KIT) days) as appropriate, and ensure they’re kept in the loop where required such as changes in the business, any training opportunities etc.