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End of maternity leave & notice period...

(9 Posts)
bubs12 Fri 28-Apr-17 19:17:43

Hello, my paid maternity leave is due to end on the 2nd May, before I had my first DS i worked 39 hpw. I sent a letter mid February requesting to come back part time. After chasing them up a few times I did not hear anything until April 6th, asking me to attend a meeting on the 10th April. I went to the meeting and explained that due to the cost of childcare and, the early starting time at work (7am) it had proved difficult to find childcare starting earlier than this.

Anyway i did not hear back from until the 21st April stating that my request had been denied as it would have a detrimental impact on the company due to lack of continuity. After thinking long and hard about this I have today told them that i can not come back to work on a full time basis, which they were shocked at, I'm sure they just thought i would come back!

As I'm due back next week it would be completely impossible for me to work my notice period, AIBU about this? Due to the fact they took so long to respond to me and arrange a meeting do they have any legal grounds to stand on? Or has anyone else experienced this?

Can i add i only received SMP so do not owe them anything.

(I went to the CAB who weren't much help - but told me i should appeal their decision on the grounds of discrimination, although i don't really want to go down this route).

Aliveinwanderland Fri 28-Apr-17 19:19:27

You are legally entitled to a full year off work, even though the last part is unpaid. When did you start your leave?

bubs12 Fri 28-Apr-17 19:25:11

I started in August, I had never thought about it that way I suppose if they want to be arsey about it I can just say I want to take the unpaid leave too.

CotswoldStrife Fri 28-Apr-17 19:29:44

As Alive has stated, unless you give them a date the employer is supposed to assume that you are taking the whole year off. If you wish to return to work earlier you need to give them 8 weeks notice. Can you give them 8 weeks notice of your resignation instead?

Aliveinwanderland Fri 28-Apr-17 19:33:11

Have you formally told them you are going back next week? I'm not sure where you stand on changing your mind on this.

Figgygal Fri 28-Apr-17 19:35:36

Yes have you formally told them of your return to work next week? I assume so but I would just not go back for notice it would be a nuisance for both of you really just don't expect to be paid.

bubs12 Fri 28-Apr-17 19:50:03

I rang them and spoke to my manager who deals with the HR and everything else basically. He said he didn't know what the next steps would be and get back to me in writing. I would have quite happily gave them the required 4 weeks notice but they only got back to me with a decision last Saturday. I'm not expecting to be paid. Although I have accrued 5 days holiday this year.

Aliveinwanderland Fri 28-Apr-17 19:54:55

If you have not put in writing that you want your maternity leave to end then you are entitled to stay off until August.

I would write to them and state that you are giving your required notice to leave your employment and then you don't have to go back at all.

bubs12 Fri 28-Apr-17 20:43:18

Thank you, I will write to them giving my four weeks notice. Thanks for all your advice smile

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