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Pregnancy

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Original poster

Can I hand in my notice after maternity leave

20 replies

NegativeNelly · 21/06/2022 08:12

Hi,

I am wondering if anyone can help as I cannot find this specific answer anywhere or in my contract.

Basically, I am thinking about not coming back to work after maternity leave due to the rising costs of child care in my area etc. I know that I would need to work for 3 months after my maternity leave so that I don't need to pay back the SMP.

My contract notice is 3 months too so I am not sure if I hand in my notice on the very first day I've come back to work or if it means I work those 3 months and then hand my notice in and work another 3 months?

Has anyone been in a similar situation?

Many thanks all

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highhoo · 21/06/2022 08:14

Did your employer pay you extra maternity pay? Because if you only got statutory you don't have to pay any back if you don't return so might not be an issue?

highhoo · 21/06/2022 08:15

Also I believe you could hand your notice in on your first day and just work the three months if you did get paid extra

Vodika · 21/06/2022 08:16

It's three months from when you hand your notice in. So you can hand it in on the day you come back from mat leave.

When are you due to go back? If its soon it might be worth letting work know now.

KarrotKake · 21/06/2022 08:26

Did you only get SMP? (90% for 6 weeks, then 156 for 33 weeks), because that doesn't need repaying. If work gave you more (OMP), you may well need to return for a period of time.

Original poster

NegativeNelly · 21/06/2022 10:14

Hi all thanks for the responses
So I get 18 weeks half pay OMP and 13 weeks SMP so therefore I will need to work the 3 months after maternity leave if I decide to leave after I just don't know if I could hand notice in the very first day of coming back from maternity leave or work my 3 months and then hand in notice and work another 3 months? I am not sure legally what I can get away with without requiring to pay any of the OMP back if that makes sense?

OP posts:

AWobABobBob · 21/06/2022 10:32

3 months is 3 months regardless of whether it's working your notice period or not.

youknownuthinjonsnuh · 21/06/2022 10:49

Can I just ask, was it in your contract that you need to repay or work 3 months?

youknownuthinjonsnuh · 21/06/2022 10:49

Just to add to above - or was it the internet that told you that’s the case?

HSKAT · 21/06/2022 11:06

You can resign whilst on mat leave can't you?

Original poster

NegativeNelly · 21/06/2022 11:11

youknownuthinjonsnuh · 21/06/2022 10:49

Can I just ask, was it in your contract that you need to repay or work 3 months?

It is in my contract that if you decide to not return you need to either repay it or work the 3 months

OP posts:

rolotops · 21/06/2022 11:15

Your notice period would count as the 3 months worked. Don't forget you'll have accrued annual leave whilst off too, so could always use that to reduce the 3 month physically 'worked' period.

Amichelle84 · 21/06/2022 11:16

You don't always have to pay it back or depends on their policy, you're best off asking your HR.

namechangedembarrassing · 21/06/2022 11:17

Tbh if you are are completely sure you don’t want to return to work I would just get HR to confirm in writing but AFTER you have returned even if this is just for one day.
this way you can argue it was always your intention to return to work then you work ie 1 week. Then ask the question. Then hand in your notice for 3 months.
I think that should be fine

Original poster

NegativeNelly · 21/06/2022 11:25

rolotops · 21/06/2022 11:15

Your notice period would count as the 3 months worked. Don't forget you'll have accrued annual leave whilst off too, so could always use that to reduce the 3 month physically 'worked' period.

great thank you

OP posts:

Honaloulou · 21/06/2022 11:57

Just for clarity - if you have only been paid SMP you do not have to Pay it back

Original poster

NegativeNelly · 21/06/2022 12:29

Honaloulou · 21/06/2022 11:57

Just for clarity - if you have only been paid SMP you do not have to Pay it back

Hi no I get both

OP posts:

summerlovinvibes · 21/06/2022 14:09

You can hand your notice in on first day back and just work the 3 months notice period, that will cover you. I have friends in the NHS and this is what they've done as they also had enhanced pay. Whilst you're off for the year you will accrue annual leave as well so could either use it at the start of your "return to work" period and tack it on to the end of your mat leave, or put it at the end of the 3 months either way to shorten how long you work. If you're in A/L you are technically working so it's still possible to "return to work on A/L" and hand your notice in the first day of annual leave.

Original poster

NegativeNelly · 21/06/2022 14:18

thank you so much!

OP posts:

Yodaisawally · 21/06/2022 14:22

They can make you work the notice period unless you are are out on gardening leave. You could use some accrued holiday to make that shorter.

lilroo87 · 21/06/2022 14:35

You could speak to your HR department. My contract said I had to return for 6 months or pay back maternity pay.
I actually was due back to work last week and had it all planned with childcare set up. But the rising costs and the fact I've just found out I'm pregnant made us rethink and I discussed it with HR and explained that my situation has changed completely.
They sorted it so that I didn't have to pay anything back which is amazing but not something they do for most people. I had been there for 7 years so was very lucky but worth a shot speaking to them.

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