I had my first baby in April last year with maternity leave from my job until December. I then took a 12 month career break from my employer which ends this December. I have just found out I am pregnant again and the baby is due at the beginning of February, just over one month after my career break ends! Where do I stand regarding maternity entitlement, pay etc?
Your Maternity Rights During a Career Break
If you are pregnant while on a career break, many of your employment rights remain protected under UK law. However, certain financial entitlements, particularly Statutory Maternity Pay, depend on your earnings during a specific period and may be affected.
You still have the right to return to your job after maternity leave. Your employer cannot treat you less favourably because you have been on a career break, and your continuous service with the company may remain intact throughout an agreed break, depending on the terms of your arrangement.
Generally, benefits linked to your length of service should remain unaffected if your career break is formally recognised by your employer. However, this does not automatically extend to all entitlements.
Statutory Maternity Pay and Career Breaks
While many employment rights stay protected, your eligibility for Statutory Maternity Pay depends on what you earned during a specific window.
Your entitlement to SMP depends on your earnings during the eight weeks leading up to the 15th week before your due date. If you were not being paid during this period because you were on an unpaid career break, you will not meet the earnings threshold required for SMP.
To qualify, you must have earned at least the Lower Earnings Limit on average during this qualifying period. If your earnings were zero or below this threshold, you will not be entitled to receive SMP from your employer.
Your employer will also need notice of your pregnancy and proof such as a MATB1 certificate to process any SMP claim.
Rates and thresholds for SMP are updated each tax year. Check GOV.UK for the figures applying to the current 2024 to 2025 tax year or any future updates.
Your situation may be slightly different. ask a question below ↓ and our editorial team will reply with our advice.
Other Options If You Do Not Qualify for SMP
If SMP is not available to you, other forms of support exist.
Maternity Allowance may be an option if you have worked and paid National Insurance contributions at some point during your pregnancy, even if not with your current employer. The eligibility rules differ from SMP and are worth checking separately.
Some employers offer enhanced maternity pay, sometimes called company or contractual maternity pay. Whether this applies during a career break depends on your employer's policies and typically requires you to meet conditions they have set, which often include being an active employee. Check your contract or staff handbook for details.
Universal Credit or other benefits may also provide support depending on your household circumstances.
You can use the maternity entitlement calculator on GOV.UK to check what you may be eligible for based on your specific situation.
What to Do Next
Speak to your employer or HR department as early as possible. They can confirm how your career break arrangement affects your maternity entitlements under company policy and clarify your return to work options.
Contact Jobcentre Plus if you think you may qualify for Maternity Allowance instead of SMP. They can guide you through the application process.
For independent advice, Citizens Advice and ACAS offer free guidance on maternity rights and employment issues. Maternity Action provides detailed information specifically for pregnant workers and new parents.
Your legal protections as a pregnant employee continue throughout a career break. The main difference is how your pay, or lack of it, during the break affects certain financial entitlements like SMP.
I had a maternity leave from Fri 19 August 2015 and continued it with unpaid leave to 30 June 2016.
I returned to work on 1st July 2016 until 21 Aug 2016.
I then started my career break on 22 Aug 2016 and am due to return on 21 August 2017. However I am due my second child on 29th July 2017.
My questions are:
- do I need to take a career break or can I take maternity leave?
- if I can take maternity leave, I assume I won't get any pay, but will the 6(?) months be added to my inservice years worked?
- if I can take maternity leave can I take unpaid leave for the rest of the year and then start another career break after it? In other words, does my maternity leave stop my career break?
Many thanks for your help.
Jill
After 10-years of service, I began a 1yr sabbatical in January and we are now expecting our first baby in January next year (just 3 weeks before I am due to report back from sabbatical).
My employer suspended my benefits but my seniority continues and the company discount is still active (for retail purchases etc.)
Can you please help how to protect myself legally and to ensure maternity pay how I should proceed:
1) notify employer of pregnancy and "Hope" they do right thing to allow maternity leave / pay even though not working at 15 weeks prior to birth;
2) notify employer of request to return to work and only then notify of pregnancy (before 15th week of due date) if allowed to return early; or
3) any other suggestions to help with much needed maternity pay?
Thank you.
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