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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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Original poster

Is it possible to resign while on maternity?

57 replies

Tootirred · 10/12/2021 10:04

How does it work if you would like to resign or you know you don’t want to return to a school after maternity leave?

OP posts:

ShirleyPhallus · 10/12/2021 10:04

You need to check your maternity policy. It’s absolutely fine to leave but you might need to repay some of your enhanced pay, if you received any

Honeypickle · 10/12/2021 10:08

Of course you can, but 1) check your employer’s maternity policy as you may have to pay back some maternity pay if you don’t go back for a minimum time 2) make sure you actually enjoy being a SAHM first! You might actually want to go back to work even part-time!

Original poster

Tootirred · 10/12/2021 10:08

Ok but we don’t have a maternity policy in my contract it says nothing about maternity at all. And not about this the resigning.

OP posts:

Honeypickle · 10/12/2021 10:11

It won’t be in your contract but there will be company policies that cover all of this (or school policies). Is there an HR contact? If not, ask your school office for a copy of their maternity policy.

Watchingpeppa12 · 10/12/2021 10:13

I did this, once maternity ended, make sure you receive all your basic smp first as you are still entitled but may need to pay back any extra you’ve been paid

Ciaomrtodd · 10/12/2021 10:13

If it is a school then they have a maternity policy.

Are you a teacher, OP?

ShirleyPhallus · 10/12/2021 10:14

What documentation did you receive when you said you were going on maternity leave? How did you know how much pay you were entitled to?

This is all in your maternity policy

Tyrionsbitch · 10/12/2021 10:17

Depends on your role I think. As a teacher you will be allowed to keep your smp but will have to pay back your enhanced pay. To keep your enhanced pay you will have to return to work for 13 full time weeks if I remember correctly.

jellybe · 10/12/2021 10:21

As a teacher check the red book as most schools just use that to write their policies. Or, just ask the office to send you the maternity policy as it will be in there. Normally, you have to return to work for 13 weeks ( believe) if working full time to then not have to pay back your enhanced mat. Pay. If you don't do this you will probably have to pay your enhanced mat. Pay back to the school.

Aprilx · 10/12/2021 10:25

@Tootirred

Ok but we don’t have a maternity policy in my contract it says nothing about maternity at all. And not about this the resigning.

Why would an employment contract say anything about maternity?

Of course you can resign, everybody can resign.

As already mentioned, you may need to pay back any enhanced maternity pay.

FateHasRedesignedMost · 10/12/2021 10:32

I think it’s 3 months you need to return for to keep the enhanced pay, however I know many people who build up their annual leave during a year of mat leave (and often carry over from year before) then tag this onto the mat leave. Then give notice as soon as Mat leave ends and their AL starts. I’m not sure if this works in schools but it’s common in the NHS to avoid paying back enhanced mat pay.

MalbecandToast · 10/12/2021 10:35

Yes as PP say there is a minimum period you must return for if you have received enhanced pay - my employer for example gives full pay for the first 6 months but we must return for 3 months or pay everything over the SMP back. Your organisation will have a similar policy

Ciaomrtodd · 10/12/2021 10:39

neu.org.uk/advice/maternity-rights

Kitkat151 · 10/12/2021 10:43

@Tootirred

Ok but we don’t have a maternity policy in my contract it says nothing about maternity at all. And not about this the resigning.

I would imagine your company have a maternity policy but it won’t be in your contract

MatildaIThink · 10/12/2021 10:55

@Tootirred

Ok but we don’t have a maternity policy in my contract it says nothing about maternity at all. And not about this the resigning.

It would normally be in your employee handbook rather than your contract.

Ciaomrtodd · 10/12/2021 11:03

If it helps, I resigned when on maternity with dc1.

I was unsure whether I would return to my teaching job, so I signed up to receive Occupational Maternity Pay, which required a period of service on my return. There will be a form that you have to fill in when you go on maternity leave, which will include a risk assessment and the requirement to submit your MATB1 (and am option to receive OMP).

Your can ask your school to give you a breakdown of your maternity pay (… I didn’t get this with dc1, and I had to seek Union intervention later when they made a mistake; with dc2, my school gave me a maternity breakdown without me asking, which was much more reassuring).

I decided to resign during maternity leave. The way I did it was to return for one day at the end of the summer term, effectively be employed for the summer holiday, and then resign on 31st August. My salary for this period repaid my OMP, and broke the hiatus in NI payments and pension contribution. Some of the summer holiday covered the return service that had been a condition of receiving OMP, which made the repayment a bit smaller.

I hope some of this is helpful. You don’t need to tell anyone of your plans when you go on maternity leave (but there will be a date by when you will have to have resigned).

When I knew that I wasn’t going back, I

LIZS · 10/12/2021 11:03

Your letter re. Maternity pay should clarify if it is smp only or any enhanced maternity pay, plus any conditions such as repayment if you do not return. Your usual notice period applies while on ml although you need to give a specific number of weeks' notice of your return date (6 iirc).

fuckyourpronouns · 10/12/2021 11:23

Don't resign until you are getting towards the end of your maternity leave. You might change your mind about wanting to return. Plenty of time to make that decision.

But yes. You can resign at any time

MorningStarling · 10/12/2021 11:26

You can resign at any time. That's why work isn't considered slavery, because people have the freedom not to do it.

If you are certain you want to resign then it's best to do it as soon as possible so that your employer can plan for your replacement.

Horizons123 · 10/12/2021 11:36

@Ciaomrtodd in terms of repayment, did you have to pay it back in a lump sum or did you have the option to create a payment plan?

spanieleyes · 10/12/2021 11:47

If you are a teacher, you can't resign "at any time" even when on maternity leave, the usual resignation dates apply.

WombatStewForTea · 10/12/2021 11:50

@Tootirred

Ok but we don’t have a maternity policy in my contract it says nothing about maternity at all. And not about this the resigning.

Are you a teacher? Or other member of staff? If a teacher and you're in a LA school then you'll be bound by the burgundy book. Yes you can resign but you have to pay back the enhanced pay assuming you took it. Academics likely have their own policy

Original poster

Tootirred · 10/12/2021 11:51

I’m not on maternity yet as I’m only 25 weeks but I was curious.

OP posts:

Thegreencup · 10/12/2021 11:53

Contact the school and ask for a copy of their maternity policy.

I'm not in a school, but in the public sector. When I went on mat leave I got a letter explaining my options fully about returning to work or not.

Ciaomrtodd · 10/12/2021 11:58

@Horizons123 repayment of OMP was managed through my ‘summer pay’ pay slips (I basically ended up with 0 summer pay). Otherwise, it would have been a lump sum, I think (but surely you could then negotiate to at to back in instalments?).

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