I am on maternity leave from the NHS. I also have a part-time job (bank work) for a private health company. I am not due to return to work until January 2010, but the private health company have asked if I can cover some weekend work over the next month. Will this affect my maternity pay?
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.
However, your maternity pay is not affected if you were employed by that employer in the 15th week before your Expected Week of Childbirth (EWC).
Therefore, as long as the private health company is not paying you any SMP and you were employed by them 15 weeks before your EWC, any work you do for them now should not affect your entitlement to SMP. You should notify your employer paying your SMP (the NHS) of any work that you do for your second employer during maternity leave a minimum of seven days before you commence working.
In relation to any contractual maternity pay that you are receiving from the NHS, you would need to check their policy to make sure there are no implications.
This gives a general overview only, based on the information available at the time of writing. It cannot be relied upon in any particular case. Specific legal advice must always be considered to include consideration as to whether the legal position contained has changed since publication. For further information and advice, please contact Lemon&Co Solicitors on 01793 527141 or visit their website: www.lemon-co.co.uk.