When do I say I'm not returning to work??

[jennyh]

Hi

For various reasons I am thinking of not returning to work following my mat leave. My company offered the basic package so I have been on statutory mat pay for a while (baby is nearly 6 months). My stat pay would run out early September (after the 39 weeks). My question is whether I tell them now or wait a bit longer...if I quit the job then will I lose the last couple of months of mat pay? I've not said when I'm due to go back so they have no idea at the moment but I feel bad if I keep them hanging, particularly as I'm fairly certain I won't go...

All ideas and answers welcome!

[ladyruskin]

What is the notice period in your contract? I think that's what you have to give, and they should continue to pay you during your notice period...

That's my understanding anyway - I'm not an HR expert.

[nikki73]

i agree. you could also factor in your holidays accrued during mat leave. i personally would think twice about giving too much notice. Cirumstances change, they might offer you another opportunity etc

[Strawbs]

At my place it is 8 weeks before you plan to return at which point you won't be getting any stat anyway in your case as just stretch it out to the full 12m. They can then pay you your outstanding leave etc in your final pay. Alternatively you can choose to use it before you go back. Hope that helps x

[Strawbs]

Ps at the 8 weeks before I just need to express the intent to return but as on 4 weeks notice can resign 4 weeks later if I want to if I hadn't wanted to tell them at the 8 week point.

[srisky]

Also check whether you will have to return any of your maternity pay. In some (all?)public sector posts you have to work for something like 13 weeks after your maternity leave period before quitting in order to keep all your mat pay. Private sector rules will vary company to company.

[motorbird83]

I am in private sector and it's as srisky says. You have to repay a portion if you don't come back

[Strawbs]

I have to pay back mine if I leave within the first 6 months of returning and it equates to a hell of a lot of cash so I'll defo be returning! X

[jennyh]

Thanks everyone! I have checked and fortunately I don't have to repay anything! Whoooooo. Frankly they paid me such a teeny amount of company mat pay it wouldn't amount to much anyway. Appreciate all the advice, will speak about the notice period and work something out. Might just make touch to let them know I'm working on child care plans or something to keep it dragged out a little bit longer. To be honest I have an inkling my job may be made redundant soon as its only a part time role and isn't deemed to be hat fundamental to the running of the company!

[Pugwash]

My daughter is on maternity leave from her job. baby born March. She is returning to work after the October Half term and she had to go into her HR today to confirm when she was returning to work. They will not let her return to her old position in the college she works in as they reckon that she cannot job share it, so is having to drop from a 52 week contract to a 40 week contract just to work 3 days a week. Since her works nursery will only give 52 week child care contracts, she also loses out on the nursery where she would have received a 20% fee deduction as a staff member.

[largeginandtonic]

While you are on maternity leave you remain an employee with leave to be absent but with an obligation to return once the leave is up, so as I think everyone has said if you don't want to go back you need to resign in the normal way - by giving notice under your contract.

You wouldn't have to repay statutory maternity pay, whenever you resigned. Rules about repaying maternity pay can only apply to extra pay on top of statutory - I know you've checked that out already but I thought it might be helpful to clarify this for the benefit of others looking at the thread!

But it's generally still best to time your resignation with the end of your maternity leave because you will continue to accrue your holiday entitlement whilst you are on maternity leave - so the longer you leave it, the more holiday you will accrue. Your employer should pay out your accrued but untaken holidays when your employment ends.

If you want to give your employer certainty, there's nothing to stop you giving longer notice than your contract requires. So you can resign giving 6 months notice even though your contract only says 3 months, for example. But once you've given notice, you can't back out so obviously that's only an option if you are very sure!

If you were made redundant then you'd get a redundancy payment and possibly notice pay on top, so you'd be better off.