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Entitled to?

(8 Posts)
hmb7 Thu 06-Aug-15 10:22:15

Hi,

I am currently on maternity leave and have been employed at the company for almost 3 years.

Before I left for maternity leave at the end a March the company hired someone temporarily to take over my position until I returned. Said person has since been let go, even after the 3 months of training I gave him, as he completely messed everything up. Anyway, work are now expecting me to go in once/twice a week and at first I agreed. However every time I go in I end up there the whole day as since I have left no one seems to be doing anything right and I have to smooth it all back out.

I wanted to quit this job last year, until I found out I was pregnant, as I am not paid for what I am qualified to do, I can sometimes work on call and receive no benefit and have to do most things myself as my manager, who owns the business, is to incompetent.

Anyway, my question is if I were to quit now whilst on maternity leave what would I be entitled to?

Thank you smile

LIZS Thu 06-Aug-15 10:38:26

Not sure I fully understand the question. They can only request a specific number of Keeping in Touch days while on ml and these should be paid. You probably may as well wait until your paid ml has finished then you have to give notice as per your contract. Did you receive any enhanced pay as this may be repayable if you don't go back according to the conditions.

mrsg1888 Thu 06-Aug-15 11:21:02

I think you can only do 10 keeping I. Touch days or hours equivalent I.e if you work 7 hour days it would be 70 hours. If they have paid anything above smp 90% for 6 weeks then smp for remainder then you may need to pay back.
How far away are you from returning to work if all was well?

hmb7 Thu 06-Aug-15 11:52:29

I wouldn't return to work until the new year. I am getting basic statutory pay so won't have anything to repay. They are calling me in whenever they can't do something in gone well over the hours I should already.

LIZS Thu 06-Aug-15 11:56:21

In that case you can refuse. The interim arrangements for your workload are not your responsibility. If you need advice on how to address future requests give ACAS a call. What notice period are you on?

MissLegal02 Thu 06-Aug-15 12:12:59

Be careful hmb7 because you can only work for up to ten KIT days during mat leave without bringing your OML or AML to an end.

Your employer cannot require you to work a KIT day and so your employer asks you to work as they are doing, you are entitled to turn this down without suffering any consequences. If you refuse to work on the days they are suggesting and your employer treats you unfavorably and/or subjects your to any detriment, they will be in breach of the MPL regs.

I would therefore stand you ground re working any more, look for other jobs so that you can quit following your return.

mishmash5 Mon 10-Aug-15 15:50:53

Employers can give you up to 10 KIT days (this is at their discretion) and it's up to the employer, whether these days are paid or not. Are yours? Ideally they should be planned out days ie. you should know how long you are going in for and what you are doing. They are not compulsory, so if it is getting to be too much, just say so and don't do them.

Check to see what your maternity policy says about leaving after maternity leave and re-payment. Have you had all of your holidays and bank holidays that you accrued during your maternity leave? If not, once you decide on your leaving date, you can work backwards and include your accrued holidays and bank holidays as part of your notice.

lougle Mon 10-Aug-15 16:10:40

HMRC"Employees can work for up to 10 KIT days during the MPP without it affecting their SMP payments.
KIT days can be taken at any time during the MPP as single days or blocks of days.
Any amount of work done on a KIT day counts as one full KIT day even coming into work for a one hour training session or to attend a meeting, one KIT day has been used.
If work on a KIT day spans midnight it will count as one KIT day but only if this is the employee’s normal working pattern.
Any wages paid for the day’s work may be offset against the employer’s SMP liability so long as the total amount of SMP and earnings paid to the employee for the SMP week is at least the SMP entitlement.
If the employee returns to work for any day or part of a day which is not a KIT day they will lose the SMP they were entitled to for the week in which they have worked. Any SMP lost in this way is always at the standard rate."

You could lose a lot of money if you do this.

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