Resigning after maternity leave - accrued annual leave?

(14 Posts)
FiresideTreats Wed 23-Jan-19 09:59:20

I am not returning to work after 12 months maternity leave. I am due back to work 20/04/2019 and received only SMP as maternity pay. Our annual leave runs Jan-Dec.

My question is can I get paid for the annual leave I will have accrued from 01/01/2019 - 20/04/2019? Is this mega cheeky? Knowing the company I work for, I am fairly sure they won't just pay me any annual leave accrued. If I am entitled, what's the best way to approach this/word my letter to ensure I can be paid?

Happy to be told I am taking the mick if I am!

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bestsupportingtigeress Wed 23-Jan-19 10:06:36

I didn't go back after my last maternity 2.5 years ago and the annual leave I occurred whilst being on mat leave I got paid it all with my last mat payment.

Finfintytint Wed 23-Jan-19 10:07:00

I know it's not the same as maternity but I was off long term sick then resigned. I didn't occur to me that I'd be able to claim back any leave but my lovely boss made sure I was paid. (£6k so worth it).

FiresideTreats Wed 23-Jan-19 10:10:32

Thank you both. I don't think I am going to get paid anything though, as my SMP final payment will be this month, then no pay after this as I'll have had all the weeks SMP. The last 3 months ish are unpaid as I'm taking the full year. Do you get a zero monthly payslip in this situation?!

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TillyTheTiger Wed 23-Jan-19 10:14:17

I was paid all my accrued annual leave when I resigned.
More information here:
www.maternityaction.org.uk/advice-2/mums-dads-scenarios/pregnant/resigning-during-pregnancy-and-maternity-leave/

Surfskatefamily Wed 23-Jan-19 10:14:28

You still get it. Their accounts should just pay it automatically at the end of your 52week maternity period. Im not sure if you can ask for it earlier but its worth an ask

SassitudeandSparkle Wed 23-Jan-19 10:15:43

Can you take the holidays after the end of the maternity leave - you'd be returning to work but only for the holidays (if they don't offer to pay it outright).

tiredscaredmama Wed 23-Jan-19 10:23:14

You are still required to give notice in line with your contractual terms - you can't just not return after mat leave. You will be paid any accrued leave from your maternity leave. This is a statutory requirement.

FiresideTreats Wed 23-Jan-19 10:26:14

Tilly that link explains it perfectly, thank you.

And thanks to everyone else who has confirmed I should be paid for any A/L accrued this year until my resignation date.

Sass that's definitely also an option, hopefully if I suggest it they will say "just bugger off, we have to pay you your A/L anyway!"

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FiresideTreats Wed 23-Jan-19 10:27:34

Thanks Tired - my notice period is only 4 weeks. I am going to pop in and see my manager and hand in my notice in person next month. I've been there 10 years so would rather do it personally.

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SassitudeandSparkle Wed 23-Jan-19 10:35:25

Check your Maternity Leave policy, it's often 8 weeks notice of the date of return (or not, as the case may be!).

FiresideTreats Wed 23-Jan-19 11:24:45

Gosh, you are right, it's 8 weeks! Cheers smile

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flowery Wed 23-Jan-19 12:15:57

No no no. It's 8 weeks' notice of changing your return date. If your contractual notice period for resigning ending your employment is 4 weeks, that is still the case. They can't increase your notice period just because you are on maternity leave.

Just resign 4 weeks before you are due back, and in your resignation letter, state that you calculate you will have accrued x holiday days this year and look forward to receiving payment for this upon termination.

FiresideTreats Wed 23-Jan-19 13:33:24

Aha! Thank you very very much. Not sure why I am finding this so hard!!

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