doing casual work whilst on maternity leave

Mimi_Arc_en_ciel

I get 20 days plus bank hols BUT because i only work Tues-Thurs i never get a bank hol lol Jubilee was going to be first and obviously now i wont be technically "at work"

I can carry some over - not sure limit. Most ive carried over is 3.

My boss is going to be fuming when he finds out I have holidays lol

an9i77

getmore4less wrote: »

BUt the law also puts special restrictions on maternity so it is not down to your employer it is down to the law. when on maternity you are in effect a "special status" with special rules.

I am no expert and I don't plan to wade through I don't do baby stuff much.

What I have gleaned from the various cases I have read about.

One main feature of maternity leave is that it has to be a single continous break with the exception that some days can be worked at your existing employer to "keep in touch"

Any work anywhere breaks the continuity so maternity leave finished and cannot be restarted.

Fairly simple work anywhere and the maternity leave is no longer valid and you should be back to work at your normal place

maternity experts is that reasonable summary?

if you know you can't manage the 3 months unpaid is to payaround with the extra holiday and take some after(shorter) maternity rather than take it all before if the employer will cooperate.
Note you cant just use holiday to create income that also breaks the continuity so ends maternity.

but what if I was working and wanted to take a saturday job (and there was nothing in my contract to prevent me) - would the same logic not apply to me doing an extra day's work (whether it was a saturday or whatever) during mat leave?

getmore4less

Mimi_Arc_en_ciel wrote: »

I get 20 days plus bank hols BUT because i only work Tues-Thurs i never get a bank hol lol Jubilee was going to be first and obviously now i wont be technically "at work"

I can carry some over - not sure limit. Most ive carried over is 3.

My boss is going to be fuming when he finds out I have holidays lol

Geting messy with the multiple issues this thread has thrown up.

Anyway you need to check your holidays.

What do full time workers get including bank holidays.

if you work 3 days you are due 3/5 of those.

the fact you don't work BH is not relevent you are still owed them prorata.

getmore4less

an9i77 wrote: »

but what if I was working and wanted to take a saturday job (and there was nothing in my contract to prevent me) - would the same logic not apply to me doing an extra day's work (whether it was a saturday or whatever) during mat leave?

No I dont think so.
(actualy I will withdraw my previous statements pending the answer to the following I did not think that through)

What you can do is look at the Law for maternity where you have more than one job, can you take different lengths of maternity on each?

Given that one job may not be qualifying then I guess they can be.

if you can then starting another job may fall under the same rules.

an9i77

Googlewhacker wrote: »

Stat minimum is 5.6 weeks which for a full time worker is 28 days so your legal experts are wrong. Someone on maternity leave is entitled to the same holiday as people working but the point is as an employer can decide that the extra days holiday is not guaranteed if it is correctly worded

yep you're right it increased recently to 28 days, been out of the game since i went on mat leave!

RedSoleShoes

To the OP. What you are saying is, you want to stay on maternity leave whilst claiming benefits. That is the same as someone still claim jobseekers when they have started a job.

Even in the last 3 months of unpaid ML, you are still receiving the benefit of a job being held for you in anticipation of your return as well as accrued holiday rights etc (which is costing your company) so if you decide to work, it should be for the place that is holding your job.

Being on maternity leave does not make you above the law.

Uncertain

an9i77 wrote: »

yep you're right it increased recently to 28 days, been out of the game since i went on mat leave!

No, it increased to 28 days on 1 April 2009.

Unless of course you have the gestation period of a elephant!

getmore4less

Need to look carefully but if the job was one that could continue after the maternity finished as it would had the job been done before maternity started then currently I don't currently see a problem with that.


Interestingly if you have more than one job SMP is payable(subject to qualifying) from both so you can be better off having more than one job.

Anyway why not go to the people that actualy run the system, DWP

http://www.dwp.gov.uk/publications/specialist-guides/technical-guidance/ni17a-a-guide-to-maternity/statutory-maternity-pay-smp/working-in-your-maternity-pay/

fairly clear you can't do it with a new employer but could if you had been employed by them during the qualifying week.

says you can't work unless it is self employed payment stops but does not cover if the maternity leave stops or can continue.


I can't find anything that says if you work your entitlement to maternity leave lapses only your entitlement to SMP.

getmore4less

RedSoleShoes wrote: »

To the OP. What you are saying is, you want to stay on maternity leave whilst claiming benefits. That is the same as someone still claim jobseekers when they have started a job.

Even in the last 3 months of unpaid ML, you are still receiving the benefit of a job being held for you in anticipation of your return as well as accrued holiday rights etc (which is costing your company) so if you decide to work, it should be for the place that is holding your job.

Being on maternity leave does not make you above the law.

PLease find the law that says this, I have looked and can't find it.

Under cuurent rules it would be possible for a person to have 2 jobs during the qualifying week. The person could choose to have full 12month maternity from one and not from the other or even have differnt start dates so the are not concurrant. this can result in them being on ML with one while not on the other.

I cannot find anything that says if you take up a seccond job that ML is no longer legaly allowed to continue. Plenty to say any SMP is terminated but not the leave.

I think we might need some one that actualy knows to help out here.

getmore4less

an9i77 wrote: »

stat minimum is now 25 days not 20

Uncertain wrote: »

No, it increased to 28 days on 1 April 2009.

Unless of course you have the gestation period of a elephant!

it was never 25 days

it went to 24 Oct 2007