Your rights if you are on maternity leave and become pregnant again

Being on maternity leave does not change your rights to further periods of maternity leave and pay with your employer if you fall pregnant again. You will qualify for another 52 weeks’ statutory maternity leave (SML).

You have continued to be an employee during your current maternity leave and have continuous service. Therefore, the normal rules for qualifying for maternity pay for your next baby apply as you will have been employed for at least 26 weeks by the end of the 15th week before your next baby is due.

You should give your employer notice of your intention to take maternity leave and claim maternity pay again. See our page on how and when to give notice

Maternity Pay

You may not have earned enough in the relevant calculation period to qualify for Statutory Maternity Pay (SMP). You should check your contract and employer’s Maternity Policy or Parental Leave Policy. Remember that holiday pay and SMP are treated as earnings when working out how much SMP or Maternity Allowance you could claim.

Returning to work between separate maternity leaves

You have the same right to return to work and to choose your new maternity leave dates as normal. Depending on how your dates fall you might be able to run the two maternity leaves together if you wish, although you may also choose to return to work between the two maternity leaves if you wish. You can also choose to return to work early from your first maternity leave by giving at least eight weeks’ notice.

If your first maternity leave is going to end before the 11^th week before your next baby is due, you will need to return for work for the interim period.

Starting the second maternity leave

The earliest that you can start your second maternity leave is at the beginning of the 11^th week before the week in which the baby is due (as with all periods of maternity leave). As with your first maternity leave, the date on which you start your next maternity leave is your choice. You should notify your employer of the date you wish to start the maternity leave in the 15^th week before the baby is due.

Other types of leave

Unpaid Parental Leave: If you have been continuously employed for a year or more, you are entitled to take 18 weeks’ Parental Leave per parent per child. You can take this in blocks of a week for up to four weeks a year. If you do not wish to return to work between your two maternity leaves but the dates mean that you would otherwise have to, this is an option. We suggest discussing this with your employer as they have the discretion to extend the amount of Parental Leave you can take. Please give your employer at least 21 days’ notice.

Annual leave: Your annual leave continues to accrue as normal throughout your statutory maternity leave. You may take this to bridge the gap between the maternity leaves if you wish.

Sickness leave: If you are ill between the two periods of maternity leave, you may take sick leave as normal. Should this be the case, please discuss this with your employer as being paid statutory sick pay may affect the maternity pay that you receive. You may decide to use annual leave and be paid in full if statutory sick pay would affect your SMP calculation. See our page for more information.

Maternity Allowance: If you do not qualify for SMP on your second maternity leave, you may qualify for Maternity Allowance. This is a social security benefit.

If you do return to work then you have the same rights to time off to attend ante natal appointments, health and safety risk assessments and to return to the same job. Please refer to our other advice pages for more information on these wider issues.

This advice applies in England, Wales and Scotland. If you live in another part of the UK, the law may differ. Please call our helpline for more details. If you are in Northern Ireland you can visit the Labour Relations Agency or call their helpline Workplace Information Service on 03300 555 300.

If you have further questions and would like to contact our advice team please use our advice contact form below or call us.

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