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Original poster

Maternity leave - not returning

25 replies

eleanor1989 · 13/05/2017 15:56

In need of some advice please! To cut the story short, I am currently on maternity leave and my paid maternity leave is due to end in July. I am not planning to return to this job as I do not have weekend child care and have noone to care for my baby.

My question is, do I give my notice for when my paid maternity is due to end or do I hand my notice in at end of my unpaid maternity leave? I have someone working there that is covering my maternity and will be taking my hours when I leave anyway so they won't be short staff.

Does it make a difference either way? I need to be writing my notice soon otherwise so just need a bit of help

Thanks in advance!

OP posts:
pinkhorse · 13/05/2017 16:21

I'm not sure about notice but some companies request you pay back maternity pay if you don't return to your job after maternity leave. I know mine does... you might want to check that

PastysPrincess · 13/05/2017 16:24

You'll need to check on your employers policy on not returning after they've paid you maternity above statutory. You'll likely have to pay it all back.

MrsHathaway · 13/05/2017 16:29

When I did this (not on enhanced maternity) I just had to give standard notice. In my case that was four weeks, so I gave my notice four weeks before the date I was due to be back in the office.

There were good reasons not to give notice too early (accrued benefits and being officially employed, but also just in case our circumstances changed at the last minute).

When you say paid, do you mean SMP that's paid for about nine months? Or employer's additional maternity pay? If it's SMP (or MA) then you will not have to pay any back. If it's additional then check you'd policy carefully.

Have you made a flexible working request to see if they can actually accommodate your not working at weekends?

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Original poster
eleanor1989 · 13/05/2017 16:29

I am only paid basic smp so I don't believe I will owe anything back. I just don't know if there's any advantages or disadvantages to resigning at the end of the 52 week rather than at the end of the paid leave. First time mum and don't know anyone else that's been on maternity so it's all new to me

OP posts:
MrsHathaway · 13/05/2017 16:30

Cross posts.

You are accruing holiday while you are on ML. If you resign after nine months you'll be owed nine months' holiday pay. If you resign after twelve months you'll be owed twelve months' holiday pay.

Original poster
eleanor1989 · 13/05/2017 16:31

Mrshathaway I am a manager within my work place so I already know hours are not available and as it's retail we work any of the 7 days. If I could only work Monday to Friday I'd be fine hut my partner works weekends and I have noone near me that could look after him

OP posts:
Original poster
eleanor1989 · 13/05/2017 16:32

Sorry I cross posted too!

OP posts:
LIZS · 13/05/2017 16:33

You need to give your contractural notice prior to the latest return date (52 weeks), unless you plan to start a new job before then.

User246810 · 13/05/2017 16:33

I timed my notice to hit one month before the end of the paid months, I missed out on 3 months worth of accrued holidays but I had a new job so wasn't too worried.

Original poster
eleanor1989 · 13/05/2017 16:37

I hadn't even thought about holiday. I do know that my work place do not pay holiday not taken so I would have to tag this onto the end of the maternity leave.

Would be technically being employed (even though I'm on unpaid maternity leave ) affect child benefit etc?

OP posts:
Original poster
eleanor1989 · 13/05/2017 16:37

Me Not be

OP posts:
stopmoaningpip · 13/05/2017 16:41

Personally I would give your notice for the end of the unpaid period so that there is less gap on your CV if you are thinking of applying for another job in the near future. Also might be easier for references etc. As well as holiday pay as mentioned earlier.

I can't think of any advantages of giving your notice earlier than you have to really.
If you are feeling like you want to keep relationships with your colleagues positive then you could always give them more than the statutory notice period. So if you have a 4 week notice period in your contract you could hand in your notice 8 weeks before the end of your unpaid leave (assuming you are 100% certain about leaving) so they have more time to find someone else.

MrsHathaway · 13/05/2017 17:14

Has DP asked for flexible working? Don't ask, don't get.

I hadn't even thought about holiday. I do know that my work place do not pay holiday not taken so I would have to tag this onto the end of the maternity leave.

Fine, so you "go back to work" for 5.6 weeks after the end of your ML and run your accrued AL over the top of it so you never actually enter the building. It comes to the same thing. Also HR are quite capable of making an exception for those on sick leave or maternity leave.

Original poster
eleanor1989 · 13/05/2017 17:34

My partner works on commission and without the weekends he would earn pennies. So that's not an option. I think I will wait untill the end to give notice as a pp said, it would look better on my cv and it would also allow me time to find a Monday to Friday job and a nursery. He would only need to be in nursery 3 week days and my partner will have 2 days off in the week so that will be cheaper for us.

You have given alot of points that I hadn't even thought about so thank you! As an anxious person I run things around in my head till I drive myself mad. When other people tell me what they did it helps so much. Smile really appreciated

OP posts:
BigGrannyPants · 13/05/2017 18:16

I did this, left at the end of my maternity leave. What is your normal notice period? That is all the notice you need to give

Akire · 13/05/2017 18:23

Surely if they are expecting you back say 1st August they will contact you before hand to sort this out. If you do go along and say nothing then hand notice in saying owed holidays, I'm not coming back but pay me another 4 weeks that's not going to go down well. Surely longer they know the better

Original poster
eleanor1989 · 13/05/2017 18:31

My paper work says 8 weeks notice. I'm not technically due back till 4th November but my pay stops in July. They don't pay the smp. I thought that was paid by the government. That's why we have to give 8 weeks I'm told. I do accrue holiday whilst on maternity as does everyone. They don't pay for holiday not taken so I will have to take it as holiday at the end of maternity

OP posts:
Original poster
eleanor1989 · 13/05/2017 18:33

We don't do any of this through the branch. It is all dealt with by head office. It's not a personal thing with my branch. I loved my job and the staff I worked with but I have little option

OP posts:
MrsHathaway · 13/05/2017 18:35

Absolutely, Akire - but from the office's point of view there is a difference between officially leaving on 31/7 and getting accrued AL in an August pay packet, and officially leaving on 15/9 of which the period 1/8-15/9 is taken as annual leave. No difference to OP singing The Wheels on the Bus and scrubbing yogurt off the walls floor.

Original poster
eleanor1989 · 13/05/2017 18:40

He's actually a bigger fan of 'hey diddle diddle' Grin

OP posts:
Akire · 13/05/2017 18:48

She can still say she is leaving at end of the holidays. I'm saying she shouldn't lie and let office expect her to be in on x day then give notice and not show up. Why not give extra notice and still leave after holidays. Unless it's giant office where you will not be missed surely makes for smooth transition for everyone else. I'm not suggest she should forgo what holidays she is owed!

Original poster
eleanor1989 · 13/05/2017 18:52

I give 8 weeks notice of leaving so they will know 2 months in advance that I will not be returning. I recruited my own maternity cover and im aware that she is more than happy about taking my full time position. The branch will not be without staff. It's more just the formality through head office

OP posts:
KP86 · 13/05/2017 19:14

Akire, if OP gives more than eight weeks' notice then her employer might say no more needed and make her end date in eight weeks' time, which would mean missing some of the accrued leave.

MrsHathaway · 13/05/2017 19:32

She can still say she is leaving at end of the holidays. I'm saying she shouldn't lie and let office expect her to be in on x day then give notice and not show up.

I see what you mean. I agree about the timing of the notice. I didn't mean she should mislead them. I can see that my post was confusing because I was talking about two things at once ...

BigGrannyPants · 13/05/2017 19:59

If you leave with holidays not taken while on maternity they will have to pay you for them, anything else would be discriminatory. I would just give your normal notice and let your holidays accrue. I did exactly this and got what worked out to be a little more than a months pay in holiday pay even although my actual pay had stopped 3 months before

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