Maternity leave & handing in notice

[walkingbaby]

I posted this in parenting but didn't get a response so thought I'd try my luck here.

Long story short but I currently have a 10 month old and am expecting my second baby next month.

I work for a huge Logistics company and have made the decision to leave for 2 reasons. 1) my office is based in Kent and I now live in London. I don't earn nowhere near enough to commute full time let alone commute full time and put two babies into nursery full time (I also don't want to do that.)
2) for some reason you can only work full time in my role. You're not able to work part time no matter what your circumstances are.
I'd like to work part time and have something much more local to me too.

I also didn't qualify for SMP this time round. I am able to apply for maternity allowance but because of the way DWP look at maternity allowance, so much of my standard UC amount will get deducted that I wouldn't even be able to pay my rent. So it's in my best interests not to apply for it.

I had planned to take the whole year maternity leave and then give my notice in but that doesn't make much sense does it? Does it make sense to hand my notice in now? Especially so they can offer the person that's covering me a permanent position with the company. I was also concerned how leaving my job would effect my UC however I've done some research and it seems that in line with work related requirements, you're not expected to look work if you have a child under 1 years old so there wouldn't be any sanctions in my case.

I just wondered if anyone had been in a similar situation? Or what would you do, would you just hand in your notice now and then update your circumstances to say that you're no longer working?

Seriously where is everybody🤣

I can't offer any advice other than if you really don't want to go back, and financially getting nothing. ... maybe hand in your notice?

The only thing would be annual leave accrued- that could be 6-8 weeks worth of pay at the end of a year?

How can the company demonstrate your job cannot be done part time or condensed hours? I'd guess they are on sticky ground with that!

On a separate but related note, I cannot believe you will have two under one. I admire you!

You won't be sanctioned for not going back. I did very similar - job didn't pay well enough to even cover childcare needs. It sounds like you have made a decision - I think as it won't make any difference, I would probably hand my notice in sooner rather than later so they can recruit for the post. One thing I would suggest is put a note in your journal asking them to confirm no sanctions after outlining your inability to return to work. I'd then start looking for part time work or something more suitable nearer the time you're ready to return to work.

Mmm I take it you are a single parent? Your maternity allowance will be deducted from your UC but I don’t see why this would leave you worse off than being just on Uc the total figures should be the same either way I think. I would get advice before deciding and double check everything also as someone mentioned if you are entitled to paid holiday that would be treated as earned income for UC. Ask for a benefits check at CAB or try one of the maternity charities to see if they can help you weigh up your options good luck

@bookish83

I can't offer any advice other than if you really don't want to go back, and financially getting nothing. ... maybe hand in your notice?

The only thing would be annual leave accrued- that could be 6-8 weeks worth of pay at the end of a year?

How can the company demonstrate your job cannot be done part time or condensed hours? I'd guess they are on sticky ground with that!

On a separate but related note, I cannot believe you will have two under one. I admire you!

@bookish83 thanks for your comment. Yeah I've accrued something like 32 days of holiday from my last maternity leave. I was even thinking of telling them to not worry about paying me as all it'll do is mess up my council tax support! I'll definitely consider the annual leave but at the same time, I might just go anyway.

I have no clue about the role. I didn't even know a company could do that. One of my colleagues has asked to reduce her hours only so she can work one day less and straight away they said no. She's currently having to appeal it but don't think it'll go in her favour.

Haha, I'm scared😂 single parent now too so God knows how that will work but thank you x

@Baker90

You won't be sanctioned for not going back. I did very similar - job didn't pay well enough to even cover childcare needs. It sounds like you have made a decision - I think as it won't make any difference, I would probably hand my notice in sooner rather than later so they can recruit for the post. One thing I would suggest is put a note in your journal asking them to confirm no sanctions after outlining your inability to return to work. I'd then start looking for part time work or something more suitable nearer the time you're ready to return to work.

@Baker90 thanks for your comment, it's reassuring to hear from someone who's been in a similar situation. Ah yes I'd defo leave a comment in my journal to confirm so hopefully that's all good

@Thistooshallpsss

Mmm I take it you are a single parent? Your maternity allowance will be deducted from your UC but I don’t see why this would leave you worse off than being just on Uc the total figures should be the same either way I think. I would get advice before deciding and double check everything also as someone mentioned if you are entitled to paid holiday that would be treated as earned income for UC. Ask for a benefits check at CAB or try one of the maternity charities to see if they can help you weigh up your options good luck

@Thistooshallpsss thanks for the comment. When it comes to earnings, for every £1 you make, 35p or something like that is deducted from the amount you'll receive. When it cones to maternity allowance, the DWP looks at that as unearned income and is deducted from your UC pound for pound. So instead of having the usual SMP PLUS my UC award it will be UC award MINUS maternity allowance. It's not great and I really don't know why it works like that so it's best for me to just be on UC alone

I did similar OP with not going back to work as I got pregnant again when my Son was 5 months so decided it wasn't worth it. Difference is I was self employed so didn't need to leave anywhere, I just shut my business. For UC - they told me I wouldn't be required to look for work until my youngest is 1 (I believe this is 3 if you have a partner that works, although could be wrong).

There isn't much point applying for MA as as you've said, it's deducted pound for pound. My MA Allowance finished this month but it messed up this months UC as they took the full £600 odd off me even though I only actually got my final payment of £330 so lost out that way.

For your job, if you're sure you're not going back and since you're not getting SMP anyway, I would personally hand my notice in now so that they can hire someone else

@walkingbaby both UC and Maternity allowance are paid by the Government which is why you can't have both. It's the same as if you get carers allowance and UC - the carers allowance gets taken off £ for £. Also by law your employer have to pay you the holiday you've accrued. The only thing I'm confused about is how come you don't qualify for SMP this time round?

@Lou98

I did similar OP with not going back to work as I got pregnant again when my Son was 5 months so decided it wasn't worth it. Difference is I was self employed so didn't need to leave anywhere, I just shut my business. For UC - they told me I wouldn't be required to look for work until my youngest is 1 (I believe this is 3 if you have a partner that works, although could be wrong).

There isn't much point applying for MA as as you've said, it's deducted pound for pound. My MA Allowance finished this month but it messed up this months UC as they took the full £600 odd off me even though I only actually got my final payment of £330 so lost out that way.

For your job, if you're sure you're not going back and since you're not getting SMP anyway, I would personally hand my notice in now so that they can hire someone else

@Lou98 ah sorry to hear your recent payment messed up your UC amount. I don't know much about maternity allowance but I know it leaves you in a sticky situation if you're receiving UC. Thanks for your comment too, I think I'll just hand in my notice asap instead of lettjng so much time go past to then leave. It doesn't really make any sense

[quote Hangingwithmygnomies]@walkingbaby both UC and Maternity allowance are paid by the Government which is why you can't have both. It's the same as if you get carers allowance and UC - the carers allowance gets taken off £ for £. Also by law your employer have to pay you the holiday you've accrued. The only thing I'm confused about is how come you don't qualify for SMP this time round?[/quote]
@Hangingwithmygnomies oh right makes sense why you can't have both. Ah okay in regards to the annual leave. I'm sure one payment won't effect my council tax support but I'll have to see what happens.

I apparently didn't qualify for SMP as my earning during the qualifying period were less than £120. Because the SMP from my first pregnancy had ended during the qualifying period, I was earning £0. It just fucked me up really. When I had worked it out it seemed that I qualified. When HR Payroll got back to me with the right dates, I didn't🤦‍♀️ £600 down the drain but what can you do

I’m not convinced your SMP has been calculated correctly. It’s the 15th week before so there’s room for error.

I would not resign I would remain employed and accumulate leave and you don’t know the future.

I would also contact maternity action with my dates and any other maternity leave questions you have.

I don’t understand why you say you can’t pay your rent if you claim MA.

• When it comes to earnings, for every £1 you make, 35p or something like that is deducted from the amount you'll receive. When it cones to maternity allowance, the DWP looks at that as unearned income and is deducted from your UC pound for pound.
  So instead of having the usual SMP PLUS my UC award it will be UC award MINUS maternity allowance. It's not great and I really don't know why it works like that so it's best for me to just be on UC alone*

Maternity Allowance is deducted pound for pound BUT it has been suggested that this is unfair and that it should be treated in the same way as SMP so there is a small chance that this could change in the future and that it will be paid back (absolutely not guaranteed but it is a possibility). You won't actually be any worse off by claiming it so just need to weigh up whether you think it's worth the faff of applying and receiving it on a different day to UC for the possibility of getting it back as a lump sum in the future

The qualifying week for SMP is the 15th week before your baby is due, so if baby is due next month, would be sometime in December/early Jan depending on when due. When does/did your SMP payments stop?

@Faevern I agree with you. I'm 100% sure I should have been entitled to SMP this time round and the dates HR have given me don't match up. The only thing is, I went on maternity leave on April 4th 2021 and received my first payment of maternity pay on April 30th. 39 weeks from April 4th takes me to January 2nd 2022. However my last payment of SMP was given in Dec 10th and not January 7th like I expected...

I get paid four weekly if that makes any difference. What do you think, do you think I still should have qualified?

@Hangingwithmygnomies the date on my MATB1 form is 22/04 and as the week starts on Sunday the date she should have written is the 17/04.

Please see my last comment to another poster as that gives a clearer breakdown but I last received SMP on Dec 9th and not January 6th even though I was expecting my last payment in January....

[quote walkingbaby]@Faevern I agree with you. I'm 100% sure I should have been entitled to SMP this time round and the dates HR have given me don't match up. The only thing is, I went on maternity leave on April 4th 2021 and received my first payment of maternity pay on April 30th. 39 weeks from April 4th takes me to January 2nd 2022. However my last payment of SMP was given in Dec 10th and not January 7th like I expected...

I get paid four weekly if that makes any difference. What do you think, do you think I still should have qualified?[/quote]
Sorry I meant December 9th and January 6th!

I think somewhere they've gone wrong and paid me a month short which has affected my chances of qualifying for SMP this time round. Unless getting paid four weekly has something to do with it?

Have you put your own dates into the government calculator? Also what about the annual leave you accumulated? Have you asked them where the 39 weeks SMP was paid? You need to check this out properly with all the figures.

It’s not because your 4 weekly, it’s the dates, you could take your paid annual leave before your second maternity leave, the wage is continuous how did you earn zero?

@Faevern honestly I don't know. It's such a massive company yet HR are so shit. They never reply and no one seems like they know what they're doing. I've filled in the calculator on gov.uk and it says I'm entitled to SMP with all the figures and earnings I've put in. I think tomorrow I'll call a maternity helpline and see what can be done because the dates the company have given me doesn't even make sense. I also think they've given me one month less maternity pay

maternityaction.org.uk/

You can also contact HMRC if you think you should be paid, if you claim MA they will do that for you as they have to check. BUT that takes months so best get help to sort it now.

Another reason not to resign until the last minute.

If the timing of your resignation makes little/no difference financially (I admit, I don't understand that part of your posts) then don't burn your bridges before you have to.

I went on maternity leave with no intention to return to my job - I was in the process of moving to a different part of the country and the commute simply wasn't feasible. I considered resigning before I went, because I couldn't have foreseen any circumstance that would have changed things. But as a PP said - you never know what's around the corner: the pandemic hit, my job is now WFH (which works brilliantly for me) and on my return to work, I was promoted. Holding off before resigning was one of the best/luckiest decisions I ever made.

Did they not give you a written statement of your maternity leave entitlement and pay dates?

Hand your notice in at the end of maternity and you'll get your holiday for the year, at least an extra 28 days, they could also make you redundant so you'd get another payout.