Maternity arrangements when moving to the US

[PBabz 137]

Hello

 

Not sure if there is any information out there around this but here goes..

A question popped into my mind after a discussion with my boss this week around what happens during maternity leave. 
 

UK citizen spouse of US citizen, CR1 visa interview is next week. I am currently employed by the NHS but will be taking a few years out from work on an employment break. Although I will not be working, I will remain officially ‘employed’ and on contract as such. Under terms of my contract, I am not entitled to the usual maternity leave provided by the NHS. 

I think I may however be entitled to government support, according to gov.uk sources, but because the responses to my questions when asked are purely hypothetical, I’m unsure what might really apply to me. 
 

Appreciate that this might be one of those, specific to one person situations, but on the off chance it’s not, I’d be grateful for any advice or experience anyone has had that they’d be happy to share. 
 

Apologies for the long post. Thanks in advance!

[JFH 12,190]

What sort of “government support” are you referring to? Most things such as child benefit require you to be a UK resident, which is not the same thing as a UK citizen. State pension is different as that is based on contributions paid by the individual but things such as child benefit (which come out of the public pot and do not require the recipient to have paid into it beforehand) are based on residency, like the NHS itself. 

[Boiler 45,486]

When will you be moving back to the UK?

[PBabz 137]

11 hours ago, JFH said:

What sort of “government support” are you referring to? Most things such as child benefit require you to be a UK resident, which is not the same thing as a UK citizen. State pension is different as that is based on contributions paid by the individual but things such as child benefit (which come out of the public pot and do not require the recipient to have paid into it beforehand) are based on residency, like the NHS itself. 

Unsure of any specifics - there's mention online about maternity allowance, maternity grant and statutory maternity pay.. all sorts! But no mention of where you have to be to be eligible - the questions are all around employment both of the mother and the father of the child. 

 

7 hours ago, Boiler said:

When will you be moving back to the UK?

Unsure - my employment break will be for 5 years, but outside of a specific plan, I'd say we would like to have children before then. 

Does that impact on whether we would be entitled to any support?

[JFH 12,190]

So are you currently pregnant? People have immigrated whilst on maternity leave and continued to receive maternity pay and then not returned to work afterwards. 
 

The employment requirement that is mentioned for the parents for maternity pay is UK employment. Has your husband been working in the UK?

[PBabz 137]

49 minutes ago, JFH said:

So are you currently pregnant? People have immigrated whilst on maternity leave and continued to receive maternity pay and then not returned to work afterwards. 
 

The employment requirement that is mentioned for the parents for maternity pay is UK employment. Has your husband been working in the UK?

Not currently pregnant, no. The thought only came to mind after a conversation this week with my current manager. She mentioned it as something I would want to verify because although I won't be paid since having a career break, but I will remain employed albeit not residing in the UK.

 

My husband hasn't worked in the UK for a number of years, he is US military. 

[JFH 12,190]

I can’t see how you would get anything. You can get maternity pay from the government if you don’t qualify for it through an employer but you have to have bern working in the UK for 13 weeks in the 66 weeks before the child is born. Given that a pregnancy should last 40 weeks, and you are not even pregnant yet, you would have to become pregnant in the next 26 weeks (may or may not happen) AND you would need to be working for at least 13 weeks of the 26 in the UK. I doubt that’s going to happen as your interview is imminent. By “working” they mean “earning at least 30 quid a week” so merely being on the headcount but on an unpaid sabbatical or career break is not sufficient. The only way I could see it working would if you were to become pregnant in the next 12 weeks. Then you could use the last 13 weeks you collected a pay check as your qualifying 13 weeks so that you are just within the requirement of having earned for 13 weeks in the 66 weeks prior to the birth. 
 

I wouldn’t count on it and would probably just assume you won’t get anything. It’s hardly a fortune anyway. 

[PBabz 137]

36 minutes ago, JFH said:

I wouldn’t count on it and would probably just assume you won’t get anything. It’s hardly a fortune anyway. 

I think that's a safe thought process and likely what I'll go with. Not something I've truly ever thought about until it was mentioned this week. 

The way my boss highlighted it made it seem like it was something I desperately needed to know about! 

Certainly not planning to be pregnant in the next 12 weeks, I'll still be working my notice period 🙈

 

Thank you so much for taking the time to respond, really do appreciate it.  

[Xyrstine 224]

As far as I am aware you wouldn't be able to get the perks of full-time employment with the NHS as you are not still working for them. Even if you did qualify, you will have to return to the UK and work at least 3 months to be eligible for maternity pay. 

 

I am an ex NHS nurse since I have emigrated recently. I don't expect any of the perks of the job as a previous permanent employee as it's a long term decision to emigrate. Most perks also require you to be a resident although I have heard of people getting maternity pay whilst residing in another country and then just returning for the 3 months that are "owed". 

[PBabz 137]

10 hours ago, Xyrstine said:

As far as I am aware you wouldn't be able to get the perks of full-time employment with the NHS as you are not still working for them. Even if you did qualify, you will have to return to the UK and work at least 3 months to be eligible for maternity pay. 

 

I am an ex NHS nurse since I have emigrated recently. I don't expect any of the perks of the job as a previous permanent employee as it's a long term decision to emigrate. Most perks also require you to be a resident although I have heard of people getting maternity pay whilst residing in another country and then just returning for the 3 months that are "owed". 

Thanks for that insight - it's not something I ever thought about, just the mention from my boss made me wonder if there were some others who had the experience. 

I'm not overly fussed though, don't think the amount I would be getting is worth the hassle of 3 months' work.