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Telling employer you won't be returning from Mat leave

7 replies

DearDinah · 20/05/2014 20:41

I'm due to go on maternity leave at the end of July, I'm the only employee, my employer is very lapse, I have the same contract I've has since 2005 when I started it's never been updated, I've not had a risk assessment during pregnancy & have been left to organise everything myself.
My employer is pushing me to let him know if I plan to come back, it would be easier for him if I didn't & he could organise cover elsewhere in the country. I've been really put off going back by the way I've been treated since being pregnant & I don't think I will go back, BUT if I say this does he have the right to refuse my maternity pay?
I'll only be getting SMP, there are no additional payments.

OP posts:
ilovepowerhoop · 20/05/2014 21:15

as long as you are there in the qualifying week then they cant refuse maternity pay.

www.gov.uk/maternity-pay-leave/eligibility

www.maternityaction.org.uk/wp/advice-2/mums-dads-scenarios/pregnant/resigning-during-pregnancy-and-maternity-leave/

I would go on maternity leave and see how you feel as they have to assume you are taking your full entitlement. You do not have to say just now when your return date will be.

FunkyBoldRibena · 20/05/2014 21:50

Don't tell him until the notice period at the end of your maternity ends. No way you are intending to leave at this current time, right? Wink

DearDinah · 20/05/2014 22:51

That was my plan, but things are getting more difficult for me to organise & I'm being made to feel an inconvenience by not letting him know if I'm going back or not, he also thinks it's not unreasonable to ask me to work while I'm off, claiming me to be sensitive by requesting uninterrupted maternity leave

OP posts:
Blankiefan · 21/05/2014 17:08

Don't resign early. Remember you'll accrue holiday pay whilst you're off...

LIZS · 21/05/2014 17:12

Officially he isn't allowed to ask you about your plans . You could ask ACAS for advice if he is putting pressure on you.

FunkyBoldRibena · 21/05/2014 17:40

That was my plan, but things are getting more difficult for me to organise & I'm being made to feel an inconvenience by not letting him know if I'm going back or not, he also thinks it's not unreasonable to ask me to work while I'm off, claiming me to be sensitive by requesting uninterrupted maternity leave

Smile and say 'of course I am planning on coming back, why wouldn't I?'

HungryHorace · 21/05/2014 19:44

Just tell him you're taking the full year off, then send your notice in at the last minute so you accrue the maximum holiday pay entitlement.

Also say that at present you don't want to commit to KIT days, but you'll let him know if you change your mind (and you might!).

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