Nannies, maternity pay/leave and returning or not to work

[eeyore12]

Hi

I wondered if anyone could give my advice on this topic.

I am not expecting yet, but want to know how things work for when hopefully we are.

If I gave my employer an expected date of return to work, before I left to have the baby, but then decided not to return and gave 8 weeks notice of this. Am I still entitled to those 8 weeks of SMP? I would put in my letter about going on maternity leave, my planned date of return (approx 3 months after due date) and would say any change to that date I would give where possible 8 weeks notice.

I also have my notice period for this post as 8 weeks anyway.

Also my hours would possibly be changing slightly next September but as yet not had anything def, but if they do change as I think they will, I am not sure I will accept them and so then, they would be making me redundant? I will of been there just over 2 years by then.

If things go to plan I may just be returning to work around that time anyway, so if they know I won't be accepting the change in hours and will need a new nanny can they give me 8 weeks notice while I am on maternity leave and if they do, do I get SMP for those 8 weeks or my normal pay? Or can they give me notice 8 weeks before my leaving date to go on maternity, so when I go on leave I also finish with them, if so what happens then regarding SMP? I will of still of been with them for over 2 years if I did finish before maternity leave started.

Also if I ask for slightly shorter hours on my return to work after baby (with baby) is that allowed, as it would be in other jobs. Or does that not apply to nannies?

I would only be looking to finish 15 mins earlier so I could get my baby home to bed by 7pm. And if they say no, where do I stand on that? Do I just accept it or look for a new post?

Thanks for reading and any advice you can give would be great.

Don't know about redundancy pay and smp (may be worth putting this in employment) but on the return to work with baby/shorter hours, I dont think you are entitled to this automatically as it's a substantial change in terms and conditions (you are entitled to same job or similar one - the exact nature of what you are entitled to depends on how long you are Off).

No right to bring your baby to work with you. No right as far as I am aware to work shorter hours... think you have the right to ask but employer can refuse.

I suggest you look at E15 the guide to SMP.

If I gave my employer an expected date of return to work, before I left to have the baby, but then decided not to return and gave 8 weeks notice of this. Am I still entitled to those 8 weeks of SMP?

my hours would possibly be changing slightly next September but as yet not had anything def, but if they do change as I think they will, I am not sure I will accept them and so then, they would be making me redundant?

I think that would be the case as the position in which you are currently employed is redundant. There is a new position which is similar to your current position but it is not the same job. So they would need to offer you the new position and if you could not do the new position, then your current position becomes redundant.

if they know I won't be accepting the change in hours and will need a new nanny can they give me 8 weeks notice while I am on maternity leave?

Yes, I think they can give you notice of redundancy.

if they do, do I get SMP for those 8 weeks or my normal pay?

If you have started to get SMP then I think you only get SMP during the notice period, see below. I don't know what happens about any redundancy pay (if you qualify for that) but as it's a statutory payment, I think as long as you qualify for it, you get that at the normal rate.

Redundancy whilst on Maternity Leave (from E15):
"If a woman has qualified for SMP from you then you are still liable to continue to pay SMP to her where she leaves your employment for whatever reason including redundancy. However, if after the baby is born your employee or ex-employee starts work for another employer who did not employ her in the Qualifying Week, Statutory Maternity payment should stop."

For more information about Redundancy see BusinessLink.gov.uk - What Is Redundancy?

I would not worry about this until the situation arises. At that point seek advice from ACAS and CAB.

Also if I ask for slightly shorter hours on my return to work after baby (with baby) is that allowed, as it would be in other jobs.

You can ask but they don't have to grant that. If the position is not being made redundant, then they need to keep the position open for you as per the agreement prior to you being pregnant. So the same hours and not bringing a child with you. You may find that the family does not want you to bring your baby to their home - you don't have a right to take your baby to work with you.

If I gave my employer an expected date of return to work, before I left to have the baby, but then decided not to return and gave 8 weeks notice of this. Am I still entitled to those 8 weeks of SMP?

See page 13 of E15. It's a bit complex looking at it, as may depend on if you are at that point working for anyone else and if so when you started working for them.

In the event of you becoming pregnant and thus wanting to claim SMP, do let your employer know about E15 and also about Statutory Pay Funding.

Thanks for all your help, at the moment my employer has said they will be happy for me to return with baby as and when it happens, hence why I included baby in my questions, I would only be looking to have up to 12 weeks off after due date. And if I decided not to return but to find work elsewhere I still wouldn't start anywhere until after 3 months at least.

My boss runs a company so is aware of SMP funding etc.

Thanks again