Is It Illegal To Work While On Maternity Leave?

by | Last updated on January 24, 2024

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Your employer cannot force you to take mandatory maternity leave

. … You must be given modified tasks, alternate assignments, disability leave or leave without pay (depending on company policy). You are allowed to work as long as you can perform your job. You are guaranteed job security during your leave.

What happens if you work during maternity leave?

The general rule is that working during maternity leave or other statutory family leave

will end your leave and stop your statutory pay

. For instance, working during maternity leave for your employer will end your leave and stop you Statutory Maternity Pay (SMP) or Maternity Allowance (MA) payments.

Are you allowed to work while on maternity leave?

You can choose to do some work on maternity leave


You can agree to work for your employer for up to 10 days without

interrupting your maternity leave or pay. … Any work you do should use a keeping in touch day – including going to training or meetings. You should be paid for keeping in touch days.

Can I work my second job while on maternity leave?

The general rule is, if you work for another employer (who is not liable to pay you statutory maternity pay) whilst on maternity leave, you

lose your entitlement to

Statutory Maternity Pay (SMP) for the week in which you work and for the remainder of your maternity pay period.

What benefits am I entitled to if I don’t return to work after maternity leave?

Remember, if you don’t return to work you are still entitled to receive money for any holiday that you have remaining, including the time whilst you were on maternity leave. If you decide that you are not going to return to work during your maternity leave, you will still be

entitled to receive statutory maternity pay

.

What am I entitled to when my maternity pay stops?

If you decide to resign after having your baby, you will be entitled to continue to receive

your Statutory Maternity Pay or Maternity Allowance

for the remaining 39 weeks (unless you start a new job) and you will be entitled to your usual contractual benefits such as annual leave, up to the end of your notice period.

Do I need to pay back maternity pay if I don’t return to work?

If you get contractual maternity pay you might only keep your full amount if you return to work.

You won’t need to pay back statutory maternity pay or Maternity Allowance

, even if you don’t return to work.

How long is your job protected after maternity leave?

In California, moms are able to take

up to 12 job-protected weeks

of leave after the birth or adoption of a baby.

Can my employer ask when I will return from maternity leave?

Can my employer ask me when I will be returning to work after maternity leave?

An employer can ask when you are going to return to work

. It is advisable to provide as much information as you can, but you should not: Be put under pressure to provide information about when you will return before you are obliged to do so.

Can I earn extra money while on maternity leave UK?


There’s nothing too specific about

making extra dollar on maternity leave but, basically, the same tax rules apply to extra-curricular earnings whether you have a baby or not. … If you earn additional income during the 2013/14 tax year, you have until October 2014 to register for Self Assessment. ‘

Can I freelance while on maternity leave?

While you’re on maternity leave from your permanent job,

you can do as much self-employed work for other companies

(i.e. not your regular employer) as you like without affecting your SMP.

Who pays your statutory maternity pay?


Your employer pays

your SMP in the same way as your salary is paid. They deduct any tax and National Insurance contributions. Your employer can claim your SMP back from HM Revenue and Customs (HMRC). You can get SMP even if you do not plan to go back to work or your job ends after the 15

th

week before your baby is due.

Can I reduce my hours after maternity leave?


There is no automatic right to reduce hours

, or to work part-time or flexibly after having a baby. However all employees with at least 26 weeks’ service have the right to ask to work flexibly, and the request can only be rejected after careful consideration and for one of a list of business reasons.

Can you go on the sick straight after maternity leave?

This means that you

must call in sick immediately after your SMP period

, not during the SMP period. You should be entitled to SSP if you claim it after the end of your 39 week Statutory Maternity Pay period as SMP counts as earnings. … If you do not qualify for SSP your employer should give you form SSP1.

Will maternity pay increase in 2020?

The rate for statutory maternity pay is

set to increase on 5 April

, in line with the first Sunday of the month. … Statutory sick pay is set to increase one day later, on 6 April 2020, in line with the first Monday of the new tax year.

How do you survive unpaid maternity leave?

  1. Look into short-term disability insurance.
  2. Start saving money.
  3. Negotiate for some small amount of paid maternity leave.
  4. Consider using paid time off/vacation days.
  5. Reach out.
  6. Crowdfund it.
  7. Take on temporary part-time work or ask for additional hours at work.
James Park
Author
James Park
Dr. James Park is a medical doctor and health expert with a focus on disease prevention and wellness. He has written several publications on nutrition and fitness, and has been featured in various health magazines. Dr. Park's evidence-based approach to health will help you make informed decisions about your well-being.