Hate my job - do I have to pretend I’m going back after Mat leave?

[Dragonfly022]

Hi 👋🏻
Hopefully someone can help?

I’m currently 10 weeks pregnant and hate my job so much - micromanaging to the max with really horrid people! I would have walked already but realised I won’t get mat leave at another job now and would be pointless starting anything new. I’m wanting to take maternity the earliest I possibly can and also have two weeks holiday so can leave on the 29th October. However do I need to pretend I’m coming back to ensure I’m paid? I will only get statutory, but obviously the first 6 weeks is 90% pay and scared they will try and screw me over on that if I’ve said I’m not coming back.
Any advice is appreciated!

You need to check your contract. You may need to return to work for a certain amount of time otherwise you have to pay back your maternity pay.

Yes, to receive any enhancement you'll likely need to work a set period on return. Might be 3 months. I was given an option to only receive statutory in case I knew I wasnt coming back.

@Wigglegiggle0520

You need to check your contract. You may need to return to work for a certain amount of time otherwise you have to pay back your maternity pay.

Not if you only get statutory.

You’re entitled to statutory maternity pay for something like 26 weeks. They can’t mess with that. I would schedule a meeting with HR to find out your company’s maternity leave policy.

If it's statuary, then you will be fine and will not have to pay it back. Good luck...you'll be out of there soon and enjoying the baby in your arms :)

I’m in exactly the same position!

If you only get stat, you don’t need to pretend you’re going back. I still would, though, so you can use your accrued holidays at the end of mat leave.

I’m 14 weeks and working in what sounds like a very similar environment. From what I understand, your stat mat pay is guaranteed from 25 weeks, even if they sack you (which I wouldn’t put past my employer, tbh).

Even though you'll only get statutory, I'd hold off telling them for now, as they may find a reason to get rid of you before you want to leave.

And to answer your question, there's no reason to pretend you are planning to come back, once you've told them.

You do not have to pay back statutory if you don't go back, but I wouldn't say you're not going back as it could make your work environment even worse. You don't need to tell them you're leaving until mat pay is almost over.

Check out maternity action UK they have loads of great advice regarding maternity leave and your rights.

If you're only getting statutory then you won't owe them anything (even the 90%) if you don't go back. I can say this for sure as I'm being made redundant before my mat leave (above board) and they have to pay me all the SMP when I leave.

If it were me OP I'd keep quiet then at some point during your leave that will coincide with the end of your SMP (9 months) give in your notice, just to keep it simple so you get your maternity pay monthly as normal. Because I'm having mine in a lump with my final pay I'm going to get battered for tax (which I can get back) and NI (which I can't).

Don't tell them and take the full year and speak to them later in your maternity?

Alot can change in that time, plus it's a lesser gap on your CV if you stay employed for now.

It could be a completely different work place by late 2022.

No idea about law as I'm not in the UK but I'd smile and nod and just let them assume you are coming back. It will make life easier for you. Best of luck with your pregnancy

I didn't go back after maternity leave.

Don't let them know until the very last moment for 2 reasons.

1. something may change and you need that job to return to.
2. you earn holiday while on maternity leave (both the paid and unpaid parts) if you resign at the end of the full year you get a nice little bonus of holiday pay.

I suggest you don't tell them now and resign with the required notice period towards the end of your MAT leave period.

This will keep your options open as you never know what's round the corner and may have to go back, if only until you find another job. As a PP said you will accrue annual leave during your MAT leave which you could use to be paid at the end of your MAT leave or take as £ if this is something your employer does.

There is no requirement to pay back statutory MAT pay so you'll receive that regardless of what you do as long as you meet the qualifying requirements.

As PPs have said if you take statutory you won't have to pay it back. I'm 29 weeks and a similar position going through a period of severe stress at the moment and wondering whether it is worth it. When filling out my mat leave form they asked me to sign to say I was coming back. I signed it, but I'll be looking for something else most likely.

Hi All, thanks for your help! Think general consensus seems to be to pretend I’m going back so I can ensure I get all my benefits - will be hard but will have to power through! X

@Kirky658 does it matter that you have signed to say you are coming back? Or is it more of a formality - glad I’m not alone! I am worried I’m getting myself stressed too!

@Firstbornunicorn Sorry you are going through the same thing - it’s horrid isn’t it! I really wanted to enjoy my pregnancy but this job is is making me feel so down! You are a little bit further on than me at least so not too much longer to go until you can start maternity x

OP, it’s so shit. I was off work for 4 months recently because it was making me feel so depressed, and then I could barely eat and ended up being anaemic as well as everything else. I hate, hate, HATE my job, and I know there are people who say “well just leave then”, but it’s never that simple, is it? TBH I’d love to tell them to go f**k themselves, but I will hold out for a little longer. My last day is 7th October!

I’m pretty sure I’m gonna be on performance management before then, though, because my performance has tanked since I’ve been pregnant and fatigued, and that just stresses me out so much!