The second 26 weeks of maternity leave are Additional Maternity Leave. This starts on the day after the Ordinary Maternity Leave period finishes, but your rights to return after a period of Additional Maternity Leave are slightly different.
If it is not reasonably practicable for the employer to offer you the same job when you return from Additional Maternity Leave they must offer you appropriate similar employment.
As a result of recent changes in the law, the contractual rights of women on Additional Maternity Leave are maintained, except those rights related to pay, as they are during Ordinary Maternity Leave. The only difference between Ordinary Maternity Leave and Additional Maternity Leave is in terms of pension rights. Your employer should maintain their contributions to your pension scheme throughout Ordinary Maternity Leave and throughout a period of paid Additional Maternity Leave, but they may not have to maintain their contributions for any period of unpaid maternity leave. This means if you are paid for 39 weeks of maternity leave, and you take your full 52 week entitlement to leave, the employer contributions may not have to be made for the final 13 weeks. This is a complicated area so you should seek the advice of your union representative.
Your employer must not discriminate against you while you are on any part of your maternity leave. If you feel that you have been discriminated against while on maternity leave, you may have protection under the law and you are strongly advised to seek advice from your union or a legal specialist in such cases.
