is there a minimum time you have to return to work after maternity leave before you resign?

[lynniep]

Ok, so I don't want to go back to work at the end of my 6 months mat. leave. My job involves a big commute which I just can't do anymore with DS.

This may sound dozy of me but everyone I speak to at work tells me that they have the impression that to be eligible for maternity leave(i.e. to not have to pay it back when you resign) I have to return to work for 3 months. i.e. give them my notice after 2 months return and work to the end of the third.

However, no-one seems to actually know where that rule comes from i.e. whether its a general rule for all mothers on maternity leave, or an internal rule to do with work. Its not on the maternity documentation and I did ring HR to ask, but the girl obviously didnt know - just said 'well whats on your contract?' which is a months notice. This would be great, but I'm still not convinced this applies being on mat leave.

I'm loathe to delve deeper just yet (i.e find someone who actually does know the maternity rules at work), because I don't want them to know my intentions. Its difficult to do it anonymously because they know who is away right now!

So before I do that, I'm just wondering if this is a blanket rule for all those on maternity leave, and which overrides the standard contract I have, or just a rumour that applies to my own workplace.

Anyone know?!!

[DrippingLizzie]

12 weeks as far as I'm aware. I've been back at work for nearly six months but I've finally had enough and am quitting next week. Hurrah!

[peggotty]

Hi
I have a feeling that it's 12 weeks minimum you have to work before being able to resign after maternity leave - I think that's across the board. I'm sure someone else will come along who knows for SURE, but I'm pretty certain. I would assume that the 12 weeks would include your period of notice.

[LIZS]

Not applicable for ordinary maternity leave or SMP but anything they may have paid you on top of this , other than payments in lieu of contractural benefits(ie. use of company car) , may be made subject to a clause requiring you to return. However any such condition and timeframe must have been stated in the contract before you went on ML. Think you do need to give 28 days notice of non-return too.

[Judy1234]

I think this is just that that is the rules for your employer paying you more than the state requires. You are being paid more presumably than 90% pay in the first six weeks and £112 or whatever it is for the period after? If you are then that's generous of them and they can impose conditions - you get this extra money provided you come back but not otherwise.

[misspopov]

I think 12 weeks is the norm this can include any holiday entitlement that you have so if you had not used up two weeks of your holiday you could leave after ten weeks. It will depend on the scheme which your employers use, is there no one in personnel who you could approach confidentially.

[lynniep]

I've finally dug up the paperwork (yes I should have attempted this b4 but was convinced they never said) and they did actually send me extra info which isnt available on the company intranet which is wherre I was looking. doh!

It does say that should I not wish to return to work then I should give notice in accordance to my conditions of employment. i.e. 28 days. So good news then . I still need to check if this can be 28 days b4 the 6 months is up, but I should think so.

of course I still need to find another job, but at least now I dont have to worry about commuting for those 3 months Yey!!
thanks for all respnses.

[LIZS]

yes, the 28 days can be prior to the expiry of OML.

[chocolatekimmy]

You can resign any time.

You should give 28 days notice if not returning from maternity leave.

Usually a contractual term about repayment of maternity pay if you receive an enhanced amount (over and above statutory). If you don't then return for the time specified then they can recover the money.