To think it's quite common to do this and it's not unreasonable?

[YuHu]

To go on maternity leave (and take the full amount) knowing full well you won't be going back without telling work until you have to give notice before you're supposed to be returning?

This is what I am doing at the moment, mid way through my maternity leave and I do not intend to return but won't be informing work until I legally have to.

My main reason for this is to safeguard myself in case the situation changes, I think it's far more sensible, even if you think you won't be returning, to not actually make it known until the end.

Most people only get SMP and will not have to pay anything back. Those lucky enough to work for generous employers who pay extra are probably a lot more likely to return after mat leave!

I think you are being honest. You don't actually know yet what your position will be at the end of your ML. I'd tell them my intentions before the legal minimum but not very early.

It's more important to protect your own rights and interests in this scenario. And it shouldn't contribute at all to "employers' discrimination against women" because any employee can leave on the same amount of notice. A woman on mat leave should be treated the same as any other employee and that includes not having to give months and months of notice.

Is its smp only then fine, you are entiyked to that if you are returning or not.

Although I think its pretty shitty to give statutory notice only when you come to finish. I would give at least two months notice but fair enough waiting till you are completely sure and your current situation isn't going to change.

Shit for the employer though, and contributes to the discrimination against employing women of child bearing age at interview.

Why - because men who change jobs always give months and months of extra notice? They don't, so why should women on mat leave have to to avoid being discriminated against?

Yes. Perfectly legal and another reason for companies not to employ women of childbearing age. Be proud.

Yeah I did this and I just put my OMP to the side and paid it back when requested. I didn't do too badly though as I had two part time posts that made a full week so that meant I got two lots of SMP which was fantastic!!

Sad to see some short sighted misogynistic attitudes on here. Women are child bearers and as a society we should and can value that. I've never had a problem getting or keeping a job including my latest one which I started while early on in my last pregnancy.

Stop perpetuating the shitty attitudes you are supposedly criticising

Yes. Perfectly legal and another reason for companies not to employ women of childbearing age. Be proud.

Only if those companies routinely discriminate against women anyway unless they would also expect a man to announce his intention to leave months in advance of his required notice period.

It’s shit and it’s this kind of approach which puts employers off employing women of that age.

My workplace requires you to return for 52 weeks after mat leave. Otherwise you have to pay the maternity pay back (minus the SMP of course). Check your contract!!!

It’s shit and it’s this kind of approach which puts employers off employing women of that age.

Women aren't responsible for companies being discriminatory.

If companies were more inclusive, valued part time staff, had a culture of flexible working, promoted shared parental leave for men, and there wasn't a long line of women who have been shafted after having a baby/announcing a pregnancy then there's grounds to talk.

Why should anyone (male or female) hand their notice in before they are ready when their circumstances could drastically change?

Very common - and sensible because no one knows what the future holds. I sort to did this; I actually had an excellent relationship with my manager at the time and I told him unofficially that I wasn't planning to return but that I wouldn't be officially handing in my notice until the time came (after I'd earned the full annual leave entitlement). He appreciated my candour which enabled him to plan mentally but didn't do anything official until he had my actual notice over a year later. He was clear that I would be welcome to return if I changed my mind - not only legally welcome but personally as well.

@Twizbe

I did this. I knew I wasn't going back but didn't tell work until the very last moment.

It meant I got the full year's annual leave at the end on my leave as well.

They’d have had to have given you your accrued leave anyway.

@2kool4skool

It’s shit and it’s this kind of approach which puts employers off employing women of that age.

I don't think this is what puts some people off employing women. I think general sexism is what puts some people off employing women.

In my sector, no one bats an eyelid at people either returning, not returning, or requesting pt.

YANBU, and it’s not uncommon so employers should have a contingency plan for this eventuality.

I think it's a cruel thing to do if you work for a small business but if you work for a larger corporation I couldn't get upset about it.

Love the do what a man would do comment (And do that).

All the men I have known treat these things as entitlements and would not think twice about doing what you have done. And feeling no guilt.

Your employer would not hesitate to give you whatever is the legal minimum in terms of your entitlement. As indeed they have done by only giving you stat minimum and not enhanced mat leave.

Good luck and don’t lose any mental space on mat leave to worrying about this.

Agree with PPs, in what other situation would you expect someone to give months and months of advanced notice, that they aren't contractually or legally required to give, that they intended to leave a job?

The required notice period is in your contract, I'm not sure why anyone would be expected to give more than it just to be 'nice'.

Yep. That's what I did, had no intention of going back but told them until I needed to.

I think it's a cruel thing to do if you work for a small business but if you work for a larger corporation I couldn't get upset about it.

Do you think it's cruel for any other employee to leave a small business by giving the required notice?

Depends where you work. A large organisation can probably carry the inconvenience of you taking money then not returning. It's a shitty thing to do to a small company.

@TomHardyAndMe yep, but if I'd resigned at the end of my paid leave it would only have been 9 months worth of accrued annual leave. Waiting until the end of my unpaid leave (my company didn't require notice if not returning from maternity leave) I got 12 months of accrued leave.

It's genuinely depressing to see people advise someone to screw themselves over simply because they are on maternity leave. If someone came on here and said:

'I am getting a bit sick of my job and reckon I will have left within the year. Should I tell my boss I'm thinking of leaving, or wait until I have actually decided?'

I hope nobody would advise them to tell their boss?! Why is this different? If anything, an employer is in a better position when someone is on mat leave, because they will usually have someone covering the role who might stay on given the opportunity.

I think very unreasonable. Small businesses are screwed over by this and in a few years when 12 months maternity no longer exists it will be down to people like you.