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Maternity rights

(8 Posts)
Janehelen19 Fri 12-Jul-19 13:27:52

Hi can anyone help I've tried to find information, I had problems with my employer while on maternity leave and I want to resign from my job, am on the last 3 month of maternity leave so not getting any smp now, but before I resign I just wanted to no if am entitled to my week in hand and any holidays I have accrued as I I cant seem to fing the answer to my questions I no I dont have to work my weeks notice while on maternity but dont no anything else and my contract has no info about maternity in need of some help please.

flowery Fri 12-Jul-19 14:25:12

What’s your contractual notice period? Wait until that length of time before your maternity leave is due to end, then hand in your notice. You will get paid for holidays accrued during your notice period. Whether you get paid for your notice depends on what your notice period is- if your employer would have to give you statutory notice only, then you should get full pay. If you would be entitled to at least a week more than statutory minimum notice from your employer, they don’t have to pay you.

KittyMcTitty Fri 12-Jul-19 14:40:44

Surely if you give notice whilst on maternity you won’t be working so you won’t get paid? What would they be paying for?
As long as you didn’t get enhanced maternity pay you won’t have anything to pay back.
You do accrue holiday so you are legally entitled to this and bank holidays if these are in your contract.

Janehelen19 Fri 12-Jul-19 14:57:06

I was asking about my work in hand I work on the start of my job 2 years ago if I get that back??

flowery Fri 12-Jul-19 15:11:20

”Surely if you give notice whilst on maternity you won’t be working so you won’t get paid?”

See my previous post. It’s one of the quirks of employment law.

OP not sure what you mean by getting your week in hand back? Do you mean you did a week’s work unpaid at the beginning? Other than for your notice period, you should have been paid already for any work done.

Janehelen19 Fri 12-Jul-19 16:20:44

Yes I was talking about my week i worked in hand when a started as far as am aware you dont receive it back till you have ended your employment which I am doing I only wanted to no if the rules still apply while on maternity!!

flowery Fri 12-Jul-19 16:32:52

Sounds odd to me. So for your first pay check, you got paid for what you’d worked but not for the first week? Are you sure? Why wouldn’t they pay you for the hours you’d worked?

KittyMcTitty Fri 12-Jul-19 16:53:06

Employment law is odd!
regardless of maternity you are entitled to any payments owing. smile

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