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If I don't go back, what am I entitled to?

3 replies

schroedingersdodo · 14/02/2011 22:51

My maternity leave is about to end in April. The company accepted my request for part time flexible hours, but only on an equivalent position - similar role, but dealing with different subjects with the same salary.

After some deliberation, DH have decided it's too much hassle for too little money (after paying for childcare I'd end up with nearly nothing - or maybe less than that).

So, I'm just going to tell them thanks, but no thanks.

What are the next steps? Do I send my resignation? Do I have annual leave to receive? Do I have anything to pay/be paid?

I want to act as professionally as possible, and don't want to sound clueless (which, in a way, is precisely what I am).

OP posts:
Alibabaandthe40nappies · 14/02/2011 22:58

I was in exactly your position, and I had been e-mailing back and forth with HR discussing options etc.

When I decided not to go back, I just sent them an e-mail saying that I had decided not to return, and please could they let me have the details of what accrued leave I had and when it would be paid to me.
They replied the next day with the details and that was that, and the holiday pay I was owed turned up in my bank account.

flowery · 15/02/2011 09:32

You resign as normal. Whether you get any annual leave paid will depend on whether you have any you've accrued but not taken. You continue to accrue holiday during your maternity leave as normal.

Whether you have anything to pay them might depend on whether you received any maternity pay over and above SMP, assuming they notified you in a letter or policy that you would be required to pay it back if you don't return to work.

schroedingersdodo · 15/02/2011 13:30

Alibabaandthe40nappies and flowery,

Before going on leave I asked if I had to pay anything back in case I didn't return, and the HR said no. So, I guess I only have some annual leave to receive (I didn't use all my days last year). Good to know I'll receive something!

Thanks for the responses and wish me luck now that I'll be back (once more) to working as a freelance! (I'm excited but scared as well, as you can imagine).

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