When On Maternity Leave, Is It Possible To Work For An Agency?

The FMLA prohibits agencies from refusing work or renewing contracts due to pregnancy discrimination. If you are refused work or treated unfairly due to your pregnancy, seek legal advice. As an agency employee, you have the right to statutory maternity, paternity, adoption, or shared parental leave from the start of your job. You can request flexible working after taking parental leave and work on a self-employed basis without it affecting your pay. Statutory Maternity Pay (SMP), Statutory Adoption Pay (SAP), or Shared Parental Pay (ShPP) can be obtained without affecting your pay.

As an agency worker, you have employee’s pregnancy rights after working in your role for 12 weeks. The FMLA allows eligible employees to take up to 12 workweeks of unpaid leave a year to care for a spouse, child, or parent with a serious health condition. However, working for another employer during maternity leave will lose your entitlement to Statutory Maternity Pay (SMP). If you return to work for your agency during a period when you are being paid SMP or Maternity Allowance, your entitlement will stop.

As an agency worker, you have employee’s pregnancy rights after working in your role for 12 weeks. It is illegal to discriminate against you. Pregnant employees are entitled to 6 weeks pregnancy leave before the due date and at least 10 weeks maternity leave after childbirth. Working during maternity or other statutory family leave will stop your statutory pay.

You can do some agency work during your SMP period, such as getting SMP from another employer and doing agency work before the birth without it affecting your pay. If you are out of work due to a covered condition, you cannot work. If your leave is unpaid and you are on maternity benefit, you are not allowed to be in paid work after the initial 26 weeks of maternity leave.

Can I be made redundant while on maternity leave?

Employees on maternity leave can be made redundant by their employer if there is a genuine redundancy situation and proper consultation is provided. However, if there is no genuine redundancy situation and the employee is made redundant due to maternity leave, it could be unlawful maternity discrimination. The Equality Commission offers guidance on managing redundancy for pregnant and maternity leave employees in their Pregnancy and Maternity at Work guide for employers. Employees can also find information on their entitlements on the redundancy section of NI Direct’s website.

What is the protected period in pregnancy?

The legislation safeguards individuals throughout the “protected period,” which encompasses pregnancy, maternity leave, reemployment, and termination of employment. It is possible for discrimination to occur outside of the protected period if it is related to pregnancy or maternity. In the event of dismissal during this period, the individual in question must be provided with written justification.

What are signs you should stop working while pregnant?

Pregnant women may experience signs of needing to stop working, such as high blood pressure, cervical insufficiency, or intrauterine growth restriction. Other factors include a baby’s growth issues, preeclampsia risk, and a history of stillbirth, preterm birth, or late miscarriage. When preparing for maternity leave, factors such as medical needs, financial situation, and personal preferences can influence the decision.

When to tell employer about pregnancy?

The recommended time to inform your employer about your pregnancy is around the end of the first trimester (12-13 weeks), as it is the time when some women begin to show and the risk of miscarriage is lower. This allows your manager to discuss your leave and work out a proper transition plan for your replacement. However, there may be instances where you need to disclose your pregnancy earlier, such as if you are feeling unwell early on or experiencing significant morning sickness. Some women may wait until an important decision about their career is made, such as if you are up for a promotion, to avoid discrimination.

Can you go on the sick straight after maternity leave?

If you are going to return to work after 52 weeks of maternity leave, you do not need to give any notice of return. You can go back to work on the day you are due back and are entitled to your normal pay. You can take annual leave or sick leave if needed. If you want to return before the end of your maternity leave, you must give your employer at least 8 weeks’ notice of the date you will be returning. If you do not give this notice and just turn up at work before the end of your maternity leave, your employer can send you away for up to 8 weeks or until the end of your leave, whichever is earlier.

If your employer did not write back to you within 28 days of the date you gave notice to take your maternity leave stating the date that your 52 week maternity leave will end, they cannot insist on you giving 8 weeks’ notice to return to work early. You should still give as much notice as possible to help you and your employer plan your return to work.

If you decide not to return to work, you can get SMP and MA for 39 weeks even if you do not plan to go back to work or if your employment ends during the SMP/MA period, such as if you are made redundancy. You do not have to pay SMP or MA back if you decide not to return to work. If your employer has given you extra contractual maternity pay, you only have to repay it if that was agreed in advance or specifically stated in your maternity policy.

If you do not want to return to work and need to repay your occupational maternity pay, you can ask to repay any company maternity pay in reasonable instalments, taking account of your household income and outgoings. You may find it helpful to speak to a debt adviser who can help you negotiate with your employer and agree a reasonable repayment plan.

If you are unable to return to work after your maternity leave, you can take sick leave as usual. However, once you are well enough to return to work, you cannot stay off work after your maternity leave has ended, as you will lose your right to return to work if you do not go back at the end of your 52 weeks’ leave.

Ask your employer if you can take annual leave immediately after your maternity leave, which is entitled to at least 28 days paid annual leave. Your normal holiday entitlement continues to accrue during maternity leave, so you may have some holiday owing to you. Annual leave should be agreed with your employer in the normal way and you should not be treated less favorably because you have been away on annual leave.

If you returned to work early and have not used up all your maternity leave/pay but now wish to take some more leave, you could give notice to take shared parental leave. Shared parental leave can be taken by either parent but must be taken within the first year after your baby’s birth. You may be eligible for Universal Credit if you take a period of unpaid leave, depending on your household income, housing costs, and number of dependants.

You are also entitled to urgent unpaid leave to care for a dependant in an emergency. The leave can be used if a dependant falls ill, gives birth, is injured, or there is a sudden problem with arrangements for the dependant (e. g., if your childminder falls ill). You are only entitled to take the time off necessary to deal with the emergency and to make arrangements for the care of the dependant.

If you have been on maternity leave and sick leave for a long time, you may have accrued a large amount of leave. You can take annual leave during sick leave, so you could ask to receive some paid holiday during your sick leave. You are entitled to carry forward 20 days annual leave if you cannot take it because of sick leave.

You cannot take annual leave during maternity leave, but you can end your maternity leave early, giving at least 8 weeks’ notice to end your maternity leave early and agreeing your annual leave with your employer in the usual way. It is a good idea to talk to your employer early in your pregnancy to agree when you will be taking your annual leave so that you can both plan in advance.

The government advises that employers should allow up to 28 days of statutory leave for employees who cannot take all their annual leave in the leave year due to absence on maternity leave, shared parental leave, or other types of parental leave. If your employer offers more than the statutory minimum of 28 days annual leave, it is up to your employer how much of your contractual annual leave (over and above the statutory 28 days) you can carry forward.

If you are not well enough to return to work at the end of maternity leave, you are entitled to receive sick pay if you are not well enough to return to work. You should follow your employer’s normal sickness reporting procedures at the end of maternity leave. Statutory Sick Pay (SSP) is paid after four consecutive days of sickness absence to employees who have earnings of at least £123 per week (April 2024 – April 2025) in the previous 8 weeks.

You are not entitled to SSP for any period of sickness that began during the 39 week SMP period (or 18 weeks if you were not entitled to SMP). If your period of sickness begins after the end of the 39 or 18 week SMP period, you may qualify for SSP if your earnings were high enough. If you claim SSP after the end of your 39 week Statutory Maternity Pay period, SMP counts as earnings. Maternity Allowance does not count as earnings.

If you do not qualify for SSP, your employer should give you form SSP1. If you do not qualify for SSP, you should get advice from your local Jobcentre Plus or Citizens’ Advice Bureau.

Once your maternity leave has ended, you are treated as if you are “back at work”, even if you are not well enough to actually go into work. You are entitled to take sick leave and should be treated in the same way as any other employee who is off sick.

You are protected against pregnancy/maternity discrimination throughout pregnancy until the end of your maternity leave period (up to 52 weeks or until you return to work, if earlier). For pregnancy/maternity discrimination, you need to show that you were treated unfavorably because of your pregnancy, pregnancy-related illness, or absence on maternity leave. You can also claim pregnancy/maternity discrimination where a decision was taken during your protected period even where it was implemented after the end of your maternity leave.

How to make extra cash while pregnant?

The ten best pregnancy-friendly gig ideas include transcription, proofreading jobs, virtual assistant, bookkeeping, budgeting services, online tutoring, freelance writing, and course design. These jobs can help boost your bank account without requiring a full-time job. However, it’s important to avoid gigs that require heavy lifting, standing for long periods, or strenuous activity, as many options still exist.

Can you locum on maternity leave?

Self-employed locums can be a viable option for those taking maternity or family leave and receiving Statutory Maternity Pay (SMP), Shared Parental Pay (ShPP), or Statutory Adoption Pay (SAP). However, if the same employer performs similar or similar work on a self-employed basis, payment may be at risk as it may not appear to be genuine self-employment. If a contract allows for work outside of maternity leave, employers cannot impose clauses limiting this freedom, which could be considered maternity discrimination.

What happens if I lose my job while pregnant?

The Pregnancy Discrimination Act prevents employers from discriminating against pregnant women, including not hiring or firing them due to pregnancy. Budget cuts, reorganization, or performance issues are valid reasons to terminate employment, even if the employee is pregnant.

In the case of a pregnant employee, they had to make it work by ensuring they had health insurance coverage. They were already on their husband’s health insurance plan before being laid off, so they didn’t have to worry about COBRA or finding a new plan. If they hadn’t been on their husband’s plan, it would have been easy enough to join.

Anita Bruzzese, an award-winning journalist, specializing in career and workplace issues, recommends getting the latest information from your partner’s human resource department. If that’s not an option, it’s not a bad idea to do COBRA for a month or two before switching over to a private plan or Obamacare (open enrollment for which starts November 15, 2014). Bruzzese also recommends consulting the government website on COBRA for basic information when making your decision on coverage.

How can I pass time on maternity leave?

This article offers unique ideas for activities to do on maternity leave to stay sane and avoid going crazy. Some ideas include taking a day trip, attending a new parents meetup, taking great newborn photos, planning a future trip, getting together with old friends, or taking up a new hobby. These activities may not be boring and can help maintain a sense of balance during maternity leave. The article may contain affiliate links, but it is free for readers.

The author shares their experience of feeling exhausted and overwhelmed after three weeks of maternity leave, highlighting the importance of maintaining a healthy lifestyle and avoiding unnecessary stress.

How to make money while on maternity leave?

Maternity leave presents an opportunity to leverage existing skills and explore various opportunities. Freelancing in areas like writing, graphic design, or digital marketing can be a flexible way to work from home. As a mother, you can build a trusted connection with children and their parents, making you an ideal candidate for pediatric sleep consultants. CPSM offers information, community, and training for these opportunities. Additionally, selling handmade or personalized items can be an enjoyable way to generate income while also doing something you love.

Offering unique creations like handmade crafts, jewelry, or personalized gifts can attract buyers seeking something special. Explore these opportunities and find the best fit for your unique skills and interests.

Can you work while you are on maternity leave?

Maternity leave allows employees to choose to work on “keeping in touch days”, which include attending training or meetings. These days should be used and paid at least the minimum wage, depending on the contract. Employees still have their usual work rights, including the possibility of receiving maternity pay or Maternity Allowance, which is usually less than their normal pay. Additionally, employees have the right to any pay review they would normally have, such as a pay review every March.