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Original poster

Can anyone help re leaving job on mat leave?

14 replies

rickandmorts · 04/09/2023 21:04

Hi just looking for some advice please. Currently on mat leave, due to go back November. My SMP has run out so I am unpaid until then. I don't want to go back for various reasons and had an interview today. If I'm successful I'll hand my 4 weeks notice in. I'm just wondering if I have to complete the notice period before I can start new job? Or can I ask to leave immediately? I know legally I cannot do paid employment (unless self employed) when on mat leave but don't know if that still applies whilst I'm in the unpaid period of SMP running out?

OP posts:
LIZS · 04/09/2023 21:17

Presumably the four weeks' notice is unpaid and you are then free to start a new role. They may owe you accrued holiday pay.

Original poster
rickandmorts · 04/09/2023 21:23

LIZS · 04/09/2023 21:17

Presumably the four weeks' notice is unpaid and you are then free to start a new role. They may owe you accrued holiday pay.

It is unpaid yes as I'm not on anything atm. Can there be any crossover legally? Or do I have to wait until my notice is up. Just seems silly to wait if I'm not working anyway. I do have a bit of accrued holiday so will get paid for that. Thanks

OP posts:
Original poster
rickandmorts · 04/09/2023 22:31

Bump!

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Employment advice
Rhayader · 05/09/2023 00:35

I left a job during maternity leave and my contract made me pay back my additional maternity pay (the amount above smp and the initial 90% pay for 6 weeks bit). This was quite a bit of money but it pretty much ended up being about the same as my accrued holiday pay so it wasn’t loads in the end.

Original poster
rickandmorts · 05/09/2023 08:14

Rhayader · 05/09/2023 00:35

I left a job during maternity leave and my contract made me pay back my additional maternity pay (the amount above smp and the initial 90% pay for 6 weeks bit). This was quite a bit of money but it pretty much ended up being about the same as my accrued holiday pay so it wasn’t loads in the end.

I'm only on basic smp, it wasn't topped up by work so luckily don't owe them anything. Did you have to wait until your notice was up before you could start somewhere else?

OP posts:
Twizbe · 05/09/2023 08:16

You have to end your maternity leave, but you’d do that by starting your new job.

If you didn’t want to start your new job until after the end of your maternity leave, then hand in your notice 4 weeks before you were due to return.

Original poster
rickandmorts · 05/09/2023 08:27

Twizbe · 05/09/2023 08:16

You have to end your maternity leave, but you’d do that by starting your new job.

If you didn’t want to start your new job until after the end of your maternity leave, then hand in your notice 4 weeks before you were due to return.

I'm still confused sorry. I'll be handing my notice in if I find out I'm successful in getting the new job and that runs for 4 weeks. But I'm wondering if I can start at the new place before that 4 weeks is up. I'm not due to return until November so don't wait to be waiting until October to hand my notice in.

OP posts:
WeWereInParis · 05/09/2023 08:30

I think you'd have to ask them. They may be fine with it, since you're not there anyway, and you'd then accrue less holiday that they have to pay you for anyway.

Nowhoopie · 05/09/2023 08:31

You can ask your employer if they're happy for your contract to end immediately rather than to have a 4 week notice period. Given that you're not actively working at the moment it would be more disruptive to return for 4 weeks, and they're not paying you anything at the moment anyway so ending your contract in lieu of your notice period won't make a difference to them anyway.

Original poster
rickandmorts · 05/09/2023 08:34

Okay that makes sense, thanks both! I might be totally jumping the gun anyway if I haven't got the job 🙈

OP posts:
Rhayader · 05/09/2023 11:32

Technically yes as my contract said I wasn’t allowed to work anywhere else, but I don’t think anyone would have noticed or cared if I had.

Original poster
rickandmorts · 07/09/2023 10:05

Update: I got the job! So will be handing my notice in at my current place which I'm a bit nervous to do as they kept asking if I was going back and I kept saying yes 😂. But my circumstances have changed and this has much better opportunities. Nervous about going back off mat leave into a new role too 😵

OP posts:
CCL333 · 07/09/2023 10:32

Maybe point out to them that if they make you stick to 4 weeks notice, you will still be accruing holiday pay which they will have to pay on your final wage. It’s of no benefit to them to do this so they may waive your notice period.

Original poster
rickandmorts · 07/09/2023 10:52

CCL333 · 07/09/2023 10:32

Maybe point out to them that if they make you stick to 4 weeks notice, you will still be accruing holiday pay which they will have to pay on your final wage. It’s of no benefit to them to do this so they may waive your notice period.

That's very true thanks! Will mention it in my email.

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