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Maternity expires

15 replies

CharlConst · 17/09/2020 06:52

Hi All,

I suppose I am technically still employed, I was off for a year on maternity but not paid from the company, just maternity allowance. I wasn't in the job long. They contacted me earlier this year, something about needing my key fob as were changing the locks and I posted it back. I was expecting them to be in touch towards the end of my maternity and wanted to ask for part time but I've heard nothing. I don't really want to go back. I thought it was their job to contact me?
What should I write in the email? Will it count on my cv that I was still employed by them during this time or can they have fired me somehow?
Thanks x

OP posts:
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dementedpixie · 17/09/2020 06:55

You are supposed to tell them when you want to return. They should assume you are taking the full 12 months. If you want to change your hours you need to fill in a flexible working request prior to going back. If you want to leave you need to write to them to let them know, giving the correct notice period

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BernadetteRostankowskiWolowitz · 17/09/2020 06:57

You contact them

Drop them an email "Hi, my maternity leave is due to finish on X date. I would like to make a flexible working request, please could you let me know what the process is to make that? Regards"

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Campurp · 17/09/2020 06:59

It’s very easy for people to literally be forgotten if there’s no proper system in place. Contact them and ask them to clarify the return to work process.

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CharlConst · 17/09/2020 15:37

@Campurp

It’s very easy for people to literally be forgotten if there’s no proper system in place. Contact them and ask them to clarify the return to work process.

So if I just leave it and I'm thinking of applying for a different job in about 4 months. What would I do about just getting a reference for working for them? Will I still have counted as technically employed with them until now or did my employment end when I took maternity?
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Twizbe · 17/09/2020 15:43

If you don't want to return you need to resign.

If you want to return you should drop them an email to confirm when you'd like to return and check your annual leave balance.

Most companies now a days will just confirm your employment dates and job title. Anything more can lay them open to legal challenges

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Twickerhun · 17/09/2020 15:44

You are employed by them still (I assume fr what you’ve posted) and you will be expected back in your contractual hours as agreed before you went in Mat leave. You need to contact them about your return, they will be expecting to hear from you sometime before you may leave expires.

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RaspberryHartleys · 17/09/2020 15:51

You cant just not say anything to them -it may get you in a mess later down the line. Plus, it's only polite to resign if you're not planning on going back. You should also be aware of the impacts of voluntary resignation on benefits if this applies to you

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BernadetteRostankowskiWolowitz · 17/09/2020 16:19

You can't just not tell them.

You get 12 months annual leave so even if you don't communicate with them they will expect you in work on the exact date which is 12m after your first day of Maternity Leave.

Failure to do so would be breaching your contract.

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CharlConst · 17/09/2020 16:40

What are the impacts on benefits with voluntary resignation? I was sort of waiting for them to get in touch. I know for a fact they won’t do part time for me. Can I just say I don’t really want to come back or just that I am officially resigning? What’s the difference between voluntary resignation and just resigning?

OP posts:
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dementedpixie · 17/09/2020 16:42

If you don't want to go back just say you are resigning. Or do a flexible working request and if they turn it down, resign at that point

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Dyrne · 17/09/2020 16:53

This is bizarre - you can’t just ghost your employer!

Follow the normal process for resigning for your company - if it’s 4 weeks notice; then email/write to them 4 weeks before the last day of your maternity leave: “Dear X, please consider this note official 4 weeks’ notice of my intent to leave [company]. As my maternity leave is due to end on X date, this means I will not be returning. Regards, Charl”.

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Floofsquidge · 17/09/2020 17:16

If you don't return for x no of weeks you may have to pay back any company maternity leave pay (not SMP) and annual leave taken if applicable so check your contract thoroughly.
Yes you should get in touch to tell them you are returning or at the least ask what the process is.
You must really hate your employer to even consider ghosting, and could hurt your future prospects wrt reference etc

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BernadetteRostankowskiWolowitz · 17/09/2020 17:22

Is this your first ever job?

If you do not intend to return you need to notify them 8 weeks ahead - so at 10months in to maternity leave.

There is no "redundancy" here. You would be resigning.

You cannot simply not return and them assume you have resigned.

Please ensure you are able to fund your life before considering resigning. Benefits are a support mechanism for those who need their income topped up (or paid on full) due mainly to unforseen or short term circumstances. They are not a chosen alternative to paid employment.

You will have accrued annual leave whilst on maternity leave so they will pay you that if you resign.

It is likely that they will not be able to supply much (if at all) of a reference due to the small amount of time spent with them. It may even read "X was employed between A-B dates. X spent 12 months of this period on maternity leave so we are unable to give a full assessment of ability for the whole period"

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RaspberryHartleys · 17/09/2020 17:50

No difference between voluntary resigning and resigning OP. If you resign, you may find it difficult to claim certain benefits as you are considered to have willingly walked away from employment.

As PPs have said, you dont need to make a massive deal out of it. You email and ask what are the processes in the company for applying for part time work as a flexible working request on your return from maternity. If they turn this down, you resign (can do this by email if you really wanted to). You may have to work notice or use the annual leave you have built up while being on maternity depending on how long you've already been off for.

That's it!

I would really recommend not just ignoring this, it could get you in all kinds of awkward situations further down the line with tax codes, second jobs, references, any additional mat payer annual leave.

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ameliajoan · 17/09/2020 17:54

Why on earth would you even think about just ignoring them and leaving it? Confused

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