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Not going back to work after maternity leave

(15 Posts)
Channyt Sat 20-Oct-12 08:44:07

Hi I'm going on maternity leave in 6 weeks and have said I will be back after 6 months. But I am not going to go back and just wondered when I have to give notice? Is it the last 2 weeks before I am due to return? And I just read that your employer can claim the money back from your maternity leave! I have worked there for 10 years and I am being treated like I don't exsist at the moment so I am not going to go back. Just want to know when to hand my notice in without losing money? Thanks

Natnat29 Sat 20-Oct-12 08:49:12

Can you speak to your HR on the quiet to see what the rules are? I know at my work you have to pay back if your not returning but might be different at yours? Have you got annual leave/toil owed too? Congrats by the way smile

ginmakesitallok Sat 20-Oct-12 08:51:15

Yes you will have to tell them that you are not returning and yes (depending on HR rules) they can claim back (or not pay) any occupational maternty pay. Your statutory maternity pay is paid regardless of whether or not you are returning.

Phineyj Sat 20-Oct-12 08:51:30

Be very careful what you say and when as for all you know they might be planning to make you redundant while you are on leave anyway.

mellen Sat 20-Oct-12 08:52:46

Do you get just SMP or is there an additional bit? You don't have to pay back SMP. My employer says that if I don't return to work for 3 months I would have to pay back the occupational element of maternity pay.

ThickCut Sat 20-Oct-12 08:56:14

Not sure tbh. But, I worked at my last job for 12 years then went on maternity leave and didn't go back thank god I gave 8 weeks notice before I was due back from mat leave. I didn't have to pay anything back because it was only smp and not company maternity pay. Hth

Good luck and congratulations

TimothyTumblespring Sat 20-Oct-12 08:59:03

Any company maternity pay would have to be repaid, you keep the statutory amount. This is only fair on your employer really, why should they have to pay you if you have no intention of returning?

TrixieLaBouche Sat 20-Oct-12 09:13:30

Why not tell them you will be taking the full 12 months, then that will give you a bit more time to reassess how you feel?

apprenticeboy Sat 20-Oct-12 09:34:11

Why are you not going back. I agree with the other poster who said,take 12 months and thence how you feel/what your financial position is etc.

PoppyScarer Sat 20-Oct-12 09:37:37

I would definitely take your time.

I thought I wasn't going back but after six months at home with a colicky baby who wouldn't adhere to any kind of routine, I was climbing the walls, and went back part-time.

Then they made me redundant anyway!

BettyandDon Sat 20-Oct-12 09:44:56

I didn't go back and I was able to keep my occupational pay as I'd been with the company a long time. It will be in your contract or maternity policy so do ask. Not all companies are the same. You do need to give 8 weeks notice of your intentions.

I informed them 8 weeks before the ML year was up. It was worth me doing this and not resigning earlier as during that year I received non wage benefits which included car allowance, bonus, private healthcare, holiday pay etc.

If you don't go back make sure to claim a tax rebate from HMRC with a p50 form, I got a few thousand back so don't forget.

For me it was definitely beneficial to be on their payroll as long as possible.

hmo2b Sun 21-Oct-12 02:47:40

I am about to return to work after almost 12 months maternity leave and have only very recently had to confirm in writing my actual return date. However, I did receive information in a letter before I went on leave regarding my company paid leave which explains how much of my maternity pay (not including statutory) could be "clawed back" by the company should I decide not to return. It goes something like if I took the full 12 months and then don't go back I have to repay 100%, if I return for 1 month and then resign I have to pay back 80%, for 2 months 60%, etc., all the way to returning for 6 months and then resigning where I would not have to pay anything back. If I were you I would keep my options open and not say anything just now. They have to assume you will take the full 12 months leave anyway and it is up to you what you decide to do. Like a previous poster said, they may plan to make you redundant and if you resign now you will miss out on any redundancy pay. Enjoy your leave and your new baby.

Channyt Sun 21-Oct-12 18:47:36

Thank you everyone. I'm a hairdresser so I don't get any company benefits. I have been there for 10 years and already have 1 little boy. I'm sure it's only SMP we get as our basic wage is rubbish. I am being ignored by most of the staff as it is a family run business I feel very uncomftable at work so do not want to return. The next 6 weeks are going to be hard enough so don't want the stress of returning as I am really unhappy when at work

OwedToAutumn Sun 21-Oct-12 19:29:28

In that case, I would say you intend to take the full 12 months leave. You will receive the full amount of SMP which you are entitled to, even if they did make you redundant. Check on the ACAS website, but I am fairly sure that you only need to give 28 days notice of any change. Obviously, if your contract gives a different notice period, you should adhere to that.

Lots of people take up mobile hairdressing, when their DC are small. It could be worth considering, once your ML is over.

LilMissPiggy1 Sat 11-May-13 15:35:51

I too am starting maternity leave soon and don't intend to return at the end. What notice do you have to give? Is it 8 weeks or is it only 8 weeks if you want to return earlier/later rather than not at all?
Also, once I say I am not returning, if I have to give 8 weeks notice, will I lose my final 8 weeks maternity pay?
I will only get SMP so do not have to worry about paying anything back, I was just not sure if they could stop my pay early once they know I am not returning.
This may also determine whether I tell them sooner, for example if I am definitely sure after a few months I don't want to return then I would happily tell them sooner so they know to look for someone else permanent but if they can potentially stop pay I won't!
I know if you tell them before you start ML they could say they won't pay you as you cease to be an employee of the company.
Sorry this is such a long post!

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