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Original poster

Told to go back to work after maternity

27 replies

LittleTwiglet · 29/04/2020 14:01

So I have been furloughed for the month of april as the company I work for shut down. But I have now been told they are opening next week and I am expected to be in.

I finished my maternity leave at the end of march, so was due to go back in april but couldn't because of the lockdown and I was furloughed.

I have no childcare available to me currently, so dont see how I am able to go back, but dont want my maternity money to be taken back, but surely as I had been furloughed this should count as 'being at work' for the maternity money side as I have to be at work at least 3 months so I dont have to pay it back?

OP posts:
Littlegoth · 29/04/2020 14:03

Furlough counts as continuous service so provided you were no longer on maternity leave yes it counts as having returned to work.

Sunshineonarainy1day · 29/04/2020 14:05

If you were due back April what were you going to do about childcare then?

NaomiFromMilkShake · 29/04/2020 14:08

What Sunshine said.

regularbutpanickingabit · 29/04/2020 14:11

Are they saying that they are ending the furlough early? If so, then you would be expected to be in and your childcare situation is something they can choose to ignore. Immoral and unhelpful but not illegal.
Do you have any leave accrued that you could take? Or can you apply for a parental leave block?
If they have put you on furlough then that would count as returning to work, regardless of whether you are in the office or not. Some companies have taken childcare needs, shielding needs etc. in to account to decide who is furloughed and who isn't.
I am guessing they need to open as an essential or semi-essential business?

EasyPeasyHappyCheesy · 29/04/2020 14:11

@Sunshineonarainy1day I aim he it would have been to send to nursery or similar day which are now not open

Brianna83 · 29/04/2020 14:11

I presume you has nursery/childcare in place but that you won't be classed as a key worker so that option isn't available to you now? Have you explained that to your employer? There must be plenty of people out there who's employers are open for business but that can't work because their nursery's are closed...although I'm assuming rather than knowing.

Original poster
LittleTwiglet · 29/04/2020 14:11

My dad was going to have her who is classified as at risk.

OP posts:
HasaDigaEebowai · 29/04/2020 14:12

Didn't you have a thread on this a couple of days ago

Tuffties · 29/04/2020 14:13

Can you get an unpaid extension? I wouldn't be too hasty about resigning, as aside from the fact that you might have to pay it back (although in these circumstances you would hope a level of discretion would be applied), it's not a good time to be unemployed. Maybe speak to HR, what have you got to lose.

Sunshineonarainy1day · 29/04/2020 14:13

Parental leave if you can afford it or annual leave or ask if it’s possible to stay on furlough maybe?

Original poster
LittleTwiglet · 29/04/2020 14:20

HasaDigaEebowai- no I haven't posted about this before?

OP posts:
Emmacb82 · 29/04/2020 14:22

I did wonder what you had planned for childcare too, but perhaps the nursery is shut for now? Not all of them are open. Can you work childcare between your partner and you? Or take some unpaid leave?

Original poster
LittleTwiglet · 29/04/2020 14:23

They have had some branches open for the last couple of weeks, buy have now decided to open everywhere.
I should have some holiday that I accrued from my maternity for this year, so Jan to April.
It is a builders trade company so I'm not sure if that is essential?
I would rather not resign until I have completed the 3 months to not have to pay the maternity back as I am a single parent and there is no way I could afford that.
I have not heard of parental leave so will look into that, thank you for the suggestions!

OP posts:
Batmanandbobbin · 29/04/2020 14:28

Have you enquired about nursery I’m going back from maternity in two weeks and the nursery we chose is open only to key workers in the area so they will take other key worker children who don’t usually go there if they need childcare.

YappityYapYap · 29/04/2020 14:33

Did you get company maternity pay OP or just SMP?

TreeTopTim · 29/04/2020 14:39

Parental leave is usually unpaid and a lot of companies expect a few weeks notice. Would you be able to afford that?

TreeTopTim · 29/04/2020 14:40

A lot of people will be in the same boat if they rely on family, friends, nursery or school to help with childcare.

Original poster
LittleTwiglet · 29/04/2020 14:53

Yeah the nurseries here are only taking keyworkers children, unfortunately I dont count as one.
I got company maternity for a couple of months and then SMP then nothing for the last bit. If I remember correctly they require you to work at least 3months after the leave otherwise you have to pay it back.

I cant really afford unpaid leave, but I'm not sure what else I could do for childcare as it's just myself.

I will speak to my HR team and see what they can suggest, I just get nervous about these things.

OP posts:
Littlegoth · 29/04/2020 16:18

What about the holidays you accrued during your Mat leave? Did you take that allowance already? If you didn’t then you still have those holidays to take too.

Littlegoth · 29/04/2020 16:18

Usually plus bank holidays.

bookgirl1982 · 29/04/2020 16:36

You would only have to pay back the company maternity leave not the SMP.

The company could furlough you for childcare reasons but don't have to. All you can do is ask, and make the case for retaining you long term.

suriv · 29/04/2020 16:47

You can be furloughed for having to take care of children. It's specifically mentioned in the guidelines.

Original poster
LittleTwiglet · 29/04/2020 17:56

Yeah they paid me last years maternity accrued holiday pay a couple of months ago :/

Is there a way I can find how much was paid in company and then how much was smp?

I tried to call the hr team but to no luck, will have to try again tomorrow. Unfortunately it's the best company for communication:(

OP posts:
bookgirl1982 · 29/04/2020 19:18

There's an smp calculator on the gov.uk website which you can compare to your payslips.

Original poster
LittleTwiglet · 29/04/2020 19:23

Ah okay, thank you very much!

OP posts: