Giving Notice & holiday pay

[livvybugs]

I am currenty on AML of my maternity leave and due back in mid October but have decided not to return as I am pregnant again. According to my contract I need to give 1 months notice. But I have also read somewhere that I need to write to my employer 8 weeks before the date I am due back to advise of my intentions, so do I give 1 months notice or 8 weeks notice.

Also as I am on maternity leave I have accrued holiday, will I get paid for this and as I recieved an enhanced maternity pay from the company will I have to pay any of this back? I have checked and it does not say anything about paying it back in my contract or company maternity policy. Can they make me pay it back ?

Any advice would be appreciated.

Many thanks

In our scheme, you have to pay back maternity pay if you haven't gone back for a minimum of 13 weeks. If it isn't stated you will need to contact HR and check with them.

Holiday accrued whilst on maternity leave is usually taken at the end of maternity, before you start back... taking it as pay has to be agreed by the company, so again- HR would be your first port of call.

They cannot make you pay additional maternity pay back if it's not in your contract/agreed in writing with you.

Re holiday, you've remained an employee whilst on leave so your situation is the same as any other employee leaving - you are entitled to be paid in lieu if you've accrued it but haven't taken it (though you'll need to check what their rules are on rolling over holiday from one year to the next if that's relevant depending on dates).

Re notice, you can give them a month's notice in the usual way if you're resigning but obviously if you've already decided then it's polite to give them more so they can sort out your replacement (particularly if they've been holding your job open for you to return).

Many thanks for all your advice, I feel a whole lot clearer about the course of action I need to take. Thank you