Is it illegal to apply for another job while on Mat leave?

[Poshpaws]

For another organisation.

Anyone know?

Thanks

don't think so, but if they are giving you anything over SMP, you'll almost certainly have to pay it all back.

Also got to be honest, wouldn't have wanted the stress of a new job on my first day back from maternity leave

dont think its illegal. i was the first one in our top firm of lawyers to use our enhanced mat package and they had erroneously omitted that a member of staff had to return to work for 3 months following mat leave without having to pay back extra money. So natually I took full advantage of it and went back to hand my notice in - i believe they amended the contract very shortly after that

Thanks philippat.

I don't get anything from my employers as had been employed by them for just under the allotted time scale to qualify for mat pay.

Hmm, see what you mean about the new job when just returned from mat leave. I never thought of that.

I changed jobs while on maternity leave.

My contract clearly stated I should pay back all my maternity pay, but I successfully argued that if I was forced to pay back maternity pay I would come back to work at old job instead.

But, as I did not want to come back to old job, I would not be 'productive, happy, an asset' (ie. I would be a bloody pain/difficult/nightmare to manage) so they were better off letting me go.

They did, and I did not have to pay back a penny of my maternity pay.

Did not find starting new job stressful either. New employer knew from the off that I had domestic responsabilities and job was agreed on that basis.

Sorry to sort of hijack but I was so glad when I saw this post ..

I am on maternity leave and have just applied for a new job for which the whole package is so much better for me and my ds!

My question is will the old employer be lenient on notice periods or will I have to sit at home for my month before I start the new job?

All you can do is negotiate. But if they do insist on you working your notice period, they will have to pay you; and do they really want to be paying someone who really doesn't want to be there and isn't putting everything into the job?

That's my thinking too - especially as they'd be paying me to be at home as i'm not due to go back there until january!

No, it's not illegal! Of course not. You are simply an employee with the same rights as any other employee. It is possible - though unlikely - that you may have to pay some of your maternity pay above SMP if you get another job and don't go back to your old one, but this would have to be very explicitly stated in your contract.
Good luck!

Kirstie I am in the same position. I am on ML and am looking for a new job. I am receiving no benefit from my employer, just the statutory £106 a week. It is my understanding that all you have to do is just notify your existing employer that you will not be returning. I would not have to work my notice period as I am not receiving any benefit. You probably would have to though if you were receiving more money. Does that help?

You do not have a notice period while on ML - you can resign and name the date! I started a new job a month ago after maternity leave. I applied for it and got it while on maternity leave. I have not had to pay back anything, although I am sort of still working for the same employer (bit complicated, but it has been accepted as such).

I would have found returning to the old job stressful, but starting a new one was not at all. When I returned to my old job after ds1 everyone expected me to be at exactly the same speed as I was the day I left - but overlooked the fact that I was 10 months behind on developments, initiatives, staff changes etc. So for the first year I was back I kept finding out things that no-one had thought to tell me! But with the new job everyone expects you to start slowly and take time getting used to it!

I think I'll find the old job more stressful not because of the job but because it takes me an hour to get there so I'll miss ds for 2 hours more than necessary .... new job (fingers crossed) is only 20 minutes walk away from home!!!