It is possible for you to work up to ten days without ending your maternity leave or losing your Statutory Maternity Pay (SMP) or Maternity Allowance (MA). This is to allow you to stay in touch with your work, if you want to, within the inclusive dates of your leave. You can report to work during your ordinary or additional maternity leave; however, you cannot do so during your compulsory maternity leave, which lasts for two weeks after giving birth. For factory workers, compulsory maternity leave lasts for four weeks.
The days of keeping-in-touch (KIT days) do not really need to be consecutive. You can use the time for attending activities that are work-related, such as meetings, conferences, and trainings. Working for only a part of a single day is counted as one whole day of work. There should be an agreement between you and your employer with regards to working within the duration of your maternity leave. Understand that the number of days you have reported to work will not lengthen the duration of your maternity leave. During maternity leave, you will be free from detriment and dismissal for not reporting to work.
Under the new regulations, nothing is stated about the salary that the employee will receive during KIT days. It will be determined by an agreement between the employee and the employer. The minimum wage that you should be paid for the week in which your KIT day falls is equivalent to the rate of SMP that you are supposed to receive for that week. In case you were given extra contractual payment, it should be offset by your employer against the SMP payment for the week. Before agreeing on your rate, the employer should first comply with all the rules stated on equal pay and the national minimum wage.
You can also work for yet another employer prior to giving birth and still be able to receive SMP from your previous employer. If you report to work to your second employer after giving birth, but you were not doing work for such employer in the 15th week prior to the due date of your baby, your SMP from your previous employer will discontinue on the Saturday prior to the day that you begin work. However, if you did work for your second employer in the 15th week prior to the due date of your baby, your SMP from your previous employer will not be affected. You can take on voluntary or self-employed works without losing your SMP.
In case you were dismissed from your work during maternity leave, you have the right to receive the reason behind your dismissal, in writing. It is unfair on your part to be dismissed because of your maternity leave or childbirth. Once the 15th week has ended and you are subjected for a dismissal, you are still entitled to receive the full SMP from the employer. You can get hold of a special protection if you’ve been redundant during your maternity leave. If you get pregnant again, you can still continue working. All the rules will also apply for your next baby.
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