Redundancy and leave

[TwoBlueLines]

I am on the at risk of redundancy list and am finishing maternity leave by taking 2 months annual leave (accrued during my maternity leave).

They don't know I am pregnant and i would need (normally) tell them mid August. This would normally allow me to receive enhanced maternity pay (based on the 2 months I am taking as leave).

So how does it work leave wise if I am redundant?

Do I get the leave back as most people made redundant just sit at their desks doing nothing. I don't want to waste my leave and ultimately loose 2 months worth when others are effectively on leave and doing interviews etc on company time.

Do I still get the enhanced maternity pay?

Will I still get the standard maternity pay (£100)?

Can anyone help?

[honestpointofview]

Hi Twoblue

Just a couple of questions. I am confused as you say your are just finishing maternity leave but they don't know you are pregnant. Are you pregnant again? (if so congrats!)

Secondly i don't see the link between telling them you are pregnant and enhanced maternity pay and the 2 months leave you have accrued.

Sorry not trying to be awkward - I am an employment lawyer and happy to help just not sure what you mean.

[flowery]

You will get SMP for your current pregnancy if you earn enough in the qualifying period which is usually weeks 17-25 of your pregnancy, and provided you are still employed by the qualifying week which is 15 weeks before your due date.

Without knowing the terms and conditions of your employers enhanced maternity pay scheme no one on here will be able to tell you whether you'll get it in relation to this pregnancy.

I'm also intrigued as to what you mean by getting the leave back? Do you mean if you are told you'll be redundant you want to go back to work rather than serving your notice while on holiday, thereby saving your holiday and getting it paid out at the end of your employment?

If that's what you mean, that would be up to your employer.

[honestpointofview]

Ah you must be right (of course) flowery. I suspect they would want you Twoblue to take the leave during your notice rather than pay you. Flowery do you think they could make her take all her holiday during the notice period?

[flowery]

I'm surmising of course but it sounds as though the OPs two months leave she's booked to take is likely to coincide with her notice period anyway, so it would be her asking to not take holiday she was booked to take, rather than them wanting to change anything.

Leaving that aside, if the OP was due to be in the office during her notice, then yes absolutely I think they could make her take it all during her notice, as long as all other redundant staff were made to take any and all outstanding holiday in the same way, ie she wasn't being treated less favourably in any way.

But as I said, my reading of this situation is that the OP is already booked to be on holiday during what she anticipates will be her notice period. Difficult to see much incentive for them to allow her to come in instead under those circumstances.

OP if you could come back and clarify that would be fab-then we can make sure we're giving you the right advice,

[TwoBlueLines]

Sorry. Been offline due to tech issues otherwise I would've come back sooner.

I booked my holiday leave so that it would be my week 17 to 25 period. I was hoping (originally) I could get them to agree for me to take the 2nd maternity leave early (week 25) therefore not actually physically go back to work.

I've been told that I could be made redundant when I am approx week 17 (give or take a couple of days).

Normally they would work out the enhanced mat leave pay between week 17 and 25 (hence why I booked leave then - to ensure I got this pay).

Obviously the mat leave pay is better than any redundancy pay so I don't want to miss out on that if I can help it. Kids are expensive. ;)

If I tell them I am pregnant will they compensate me for the loss of maternity leave?

[flowery]

Still not clear about the annual leave and what you meam by getting it back.

Will you be redundant at week 17 or given notice then? When will your employment actually end? If your employment ends before you've had a chance to take your accrued holiday, you'll get paid it when you leave.

You can't start maternity leave earlier than week 29 although obviously your employer may have allowed you to take unpaid leave or 'borrow' holiday from next holiday year to allow you not to come back.

But that's not relevant now anyway.

In terms of your enhanced maternity pay, as I said earlier, without seeing the terms and conditions no one on here will be able to advise you whether you get it. To be perfectly honest I'd be astonished if you did. Sometimes if people have had enhanced pay, are obliged to pay it back if they don't return after maternity leave but then can't return because they are redundant, the clawback is waived, either as part of the terms and conditions or on a discretionary basis.

But in a situation where you've not started maternity leave it would be very unusual for them to pay enhanced mat pay as part of a redundancy package. But check the terms and conditions, and ask as well if they are prepared to do anything.