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maternity pay

my sister has just become pregnant with her second child,not planned as her youngest is only six months,now her problem is she will only be back at her work for 4 months after maternity leave before having to go of on maternity leave again,her work says they won't pay her maternity leave the second time which i can understand,but will she able to claim maternity allowance from the goverment? also can they sack or pay her off as she is pregnant again? she works for a local council if that makes any difference

thanks


scott
«1

Comments

  • clairec79
    clairec79 Posts: 2,512 Forumite
    I believe as long as she's only taking the basic SML then they would have to pay her SMP for the second pregnancy (but not any additional occupational maternity pay).

    If however she isn't entitled to SMP then they will give her a form stating why and she should get MA (as you are counted as working while receiving SMP)
  • scotty1971
    scotty1971 Posts: 1,732 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    thanks for that she only gets basic smp,can they pay her off or sack her for being pregnant again so soon?
  • No they can't sack her and yes they have to pay her smp
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  • mrsspendalot
    mrsspendalot Posts: 3,238 Forumite
    No, you can't be sacked for being pregnant

    Pregnant women can be made redundant as long as pregnancy isn't the reason they have been selected for redundancy, so if the company was going through a restructure and the likelihood was that her job would have been made redundant anyway and they can prove it is for other reasons not relating to pregnancy, being pregnant will not protect her from losing her job.
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  • pmf63
    pmf63 Posts: 117 Forumite
    And to make her redundant they have to make the 'position' redundant so they can't employ anyone else to take her place. I believe, although I may be wrong, that also includes moving someone from inside the business into her position.
  • zebusi
    zebusi Posts: 85 Forumite
    pmf63 wrote: »
    And to make her redundant they have to make the 'position' redundant so they can't employ anyone else to take her place. I believe, although I may be wrong, that also includes moving someone from inside the business into her position.


    they couldn't employ anyone else in a certain time frame (not sure if it's still 3 months) but they could certainly distribute workload to other staff members to do alongside their own work
  • pmf63
    pmf63 Posts: 117 Forumite
    zebusi wrote: »
    they couldn't employ anyone else in a certain time frame (not sure if it's still 3 months) but they could certainly distribute workload to other staff members to do alongside their own work

    I thought it was longer than 3 months but it has been a long time since I was involved in ER.

    I agree they can share workload to encompass the work of the redundant person but they couldn't make you redundant, for example, and then move me from my job to do yours. At least, I believe so!
  • LMCD
    LMCD Posts: 649 Forumite
    Part of the Furniture 500 Posts Combo Breaker
    I got pregnant pretty soon after my daughter and returned to work, maybe they won't pay her smp due to ni contributions?! but she will defo get it from government otherwise. I am due to go back next month - and just made sure that it history doesn't repeat it self too! :eek:
  • pmf63
    pmf63 Posts: 117 Forumite
    LMCD wrote: »
    - and just made sure that it history doesn't repeat it self too! :eek:

    lol ... in a local well know supermarket branch not too far away from me, their gents toilet has been fitted with a nice new machine selling a strange combination of goods. I wonder if they lack confidence in their producs! Three products ... Mouth fresh gum, then condoms, then morning after pill. Makes me smile evertime I see it.
  • LMCD
    LMCD Posts: 649 Forumite
    Part of the Furniture 500 Posts Combo Breaker
    pmf63 wrote: »
    lol ... in a local well know supermarket branch not too far away from me, their gents toilet has been fitted with a nice new machine selling a strange combination of goods. I wonder if they lack confidence in their producs! Three products ... Mouth fresh gum, then condoms, then morning after pill. Makes me smile evertime I see it.



    :eek: really???
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