How to deal with the situation where an employee becomes pregnant again while on maternity leave

Author: Claire Birkinshaw

Summary

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• Be aware that an employee may become pregnant again while they are on maternity leave.
• Take into account that an employee who becomes pregnant while they are on maternity leave will be entitled to a second period of maternity leave.
• Bear in mind that, while the employee will be entitled to a further period of maternity leave, they may not be entitled to statutory maternity pay. This will depend on their earnings in the relevant period.
• Check any contractual maternity pay scheme carefully, as the employee may qualify for contractual maternity pay during a period when they do not qualify for statutory maternity pay.
• Calculate if it will be necessary for the employee to return to work between their two periods of maternity leave.
• Appreciate that the employee may decide to give notice to return early from their initial period of maternity leave, and then start the second period of maternity leave as late as possible, so may be back at work for several months.
• Equally, bear in mind that the employee could apply to take a period of parental leave and/or annual leave after the first period of maternity leave.
• Clarify the employee's intentions regarding their maternity leave as soon as possible to enable staffing to be organised around their plans.