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don't want to return after maternity leave . my rights

(9 Posts)
Suzy4321 Tue 29-Dec-15 19:25:11

Hi, my boss has said I can return after 1 year which will be coming up in 4 months time. And he wants me to let him know if I am going to return to work beginning of January. I have not decided what to do.

There is a big part of me not wanting to return but I want to wait a bit longer before I decide. Now can I say yes in January but 4 weeks before May as per my contract resign giving them the formal 4 weeks notice. I don't want to say no in January as I want to keep my options open. I'm just concerned if I say yes in January I am obligated to go back.

Help

JVIRstadler Tue 29-Dec-15 21:27:37

The way I see it, you could always say yes and then terminate the contract. you can do that you know. Most contracts have the ability to be terminated with immediate effect by either side. Perhaps you should review it.

lougle Tue 29-Dec-15 21:35:37

You don't have to say you're going back if you take the full year. Your employer must assume that you're going back after the end of the period.

If you don't want to do back, you'll need to give notice as you would do if you were not on maternity leave. So if your contract states 4 weeks notice, you'd have to give a letter/email stating that you are resigning, 4 weeks before the date you're due to go back.

honeysucklejasmine Tue 29-Dec-15 21:37:16

Read the maternity policy carefully, just in case you have to repay the money you've had if you don't go back.

Suzy4321 Tue 29-Dec-15 22:50:04

Thanks, that's what I thought I read up a bit but it was just because he called me and said he would like to know in January if I would be going back in May. And I'm just not sure yet. So I think I will say yes I expect to return (verbally) and then if I don't go back give him my normal notice. I only got statutory maternity nothing extra money wise. I think the temp he hired might be pestering him

dementedpixie Wed 30-Dec-15 19:28:28

Just say, as far as you know you are intending to return. They are supposed to assume you are taking the full amount of leave anyway

HolgerDanske Wed 30-Dec-15 19:30:10

I don't think they're actually allowed to ask you, IIRC.

It should always be assumed that you will be away for the entire period unless you have let them know differently.

librariesgaveusp0wer Wed 30-Dec-15 19:33:59

He is perfectly allowed to ask. Just not press for a binding answer.

Contracts which allow for immediate termination by both parties would be illegal under English law (and almost certainly the rest of the UK ).

Just say you plan to and give full contractual notice if you change your mind.

librariesgaveusp0wer Wed 30-Dec-15 19:35:03

Unlawful and unenforceable not illegal. Sorry. Poor phrasing.

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