Can you locum on maternity leave without losing your rights?

Many health professionals who are expecting a child wonder if they can locum while on maternity leave, and for good reason. If you have a growing family, then ensuring you have sufficient income to cover your household costs and to sustain a comfortable lifestyle can be challenging. Rising bills and the ever spiralling costs of raising a child can place significant strains on the family budget.

For that reason, taking up a locum position while you're able to do so can seem like an attractive option. Whether you're looking for locum doctor jobs, nursing jobs, or allied health professional locum positions, opportunities across the health service are available. But can you locum on maternity leave without risking any maternity payments to which you're entitled, or is it better to wait to resume or begin locum work after your maternity period has ended?

So, can you locum on maternity leave?

The rules around working when you're on maternity leave can often seem complex and confusing. It's important, therefore, to clarify how any locum work might impact your right to maternity pay and to continue enjoying your leave period. The general rule is that if you work during maternity leave or any other form of statutory family leave, then you will forfeit your leave and your statutory pay will stop.

In practice, this means that if you return to your existing employment or take up a locum appointment elsewhere during your maternity period, then this period will be deemed to have finished. There are, however, some important exceptions to this rule that may make some degree of limited locum work possible while you're on maternity leave.

What about self-employed locums?

If you're taking maternity or family leave and receiving Statutory Maternity Pay (SMP), Shared Parental Pay (ShPP) or Statutory Adoption Pay (SAP), it may be possible to take on self-employed locum work without it impacting your eligibility for your payment.

If you were to work for the same employer, carrying out similar if not the same work you did as an employee but on a self-employed basis, your payment could well be at risk as it may not look like genuine self-employment.

If your contract allows you to take on work elsewhere, then your employer isn't able to insert any kind of clause limiting your freedom to do so during maternity leave. This would be classified as maternity discrimination.

Working for a different employer

The 15th week before the week that your baby is due is called your 'qualifying week'. If you're adopting a child, the qualifying week is the 15th week before you received notification of a match with a child being confirmed. If you worked for a second employer prior to this qualifying week, your SMP/SAP/ShPP will not be impacted. If you work for a second employer after your maternity leave has begun, but prior to the birth of your child, then your SMP will continue to be paid.

If, however, you want to work for a second employer, but were not working with this employer on the 15th week before the week of the baby's due date, then your entitlement to SMP/SAP/ShPP from an employer will stop. If you take up work with another employer, the employer who is paying your SMP/SAP/ShPP should be informed.

This can mean that the rules regarding locum work are complicated and medical professionals need to take care before accepting a locum position if they're on maternity leave. For this reason, it's important to seek professional advice if you're wondering if you can locum on maternity leave. You can find out more about your rights if you work for more than one employer at Working Families.

Healthcare recruitment agencies keep abreast of legislative changes and can offer advice about the current legal situation. Any position that jeopardises your potential eligibility for maternity pay should be carefully considered before you begin employment. Are the long-term benefits of the position a worthwhile trade-off for the loss of maternity payments, or might it be better to forego any kind of employment during maternity leave to retain your payments?

What about Keeping In Touch (KIT) days?

Any employee who is taking maternity or adoption leave is able to work up to 10 Keeping In Touch (KIT) days without any changes being made to their maternity pay or their period of leave coming to an end. If a couple has Shared Parental Leave (SPL), they are able to work 20 Shared Parental Leave In Touch (SPLIT) days without jeopardising their payments or leave period.

KIT and SPLIT days are normal calendar workdays. If you work for a full or partial day, you will be deemed to have used a KIT or SPLIT day. Where and how you can work during a KIT or SPLIT day will depend on the type of maternity pay that you're receiving. If you're receiving SMP, SAP or ShPP, you will only be allowed to work for the employer who is paying your maternity pay. If you're receiving maternity allowance, either as an employee or as a self-employed individual, then this will count as a KIT day.

KIT days have to be mutually agreed upon by both yourself and your employer. No one can be compelled to work during maternity leave, nor can you insist that you be able to work during your maternity leave period.

Where to find out more about the question, 'can you locum on maternity leave?'

The rules regarding maternity leave, payments and what is and isn't permitted can be complex. You can find out detailed information about the current regulations on the government website. The NHS also provides a comprehensive guide to maternity payments and allowances across the health service.

Working Families also provide a comprehensive guide to working during maternity leave here.

Healthcare recruitment agencies can be a source of up-to-date and sector-specific information and will usually be able to advise about your own unique circumstances. The experienced team at Globe Locums can help you with any queries you might have. Call +44 (0)20 7229 2620 or contact us online to find out more.