What happens if I decide not to return to my job while I'm off on Maternity leave.......

[fannyannie]

following on from my other thread, didn't want it to get mixed up in it. If I decided while I'm on Maternity leave that I don't want to go back to my job.....what happens - am I right in thinking I have to pay some money back to my company - and if so how much?????? Basically realised there's no way I can face going back to more of this cr*p after I've had the baby and would rather find myself a job somewhere else. Was hoping to stick it out until I'd done my NVQ2 - but can't see that happening now.,

p32 doesn't make it very clear unfortunately but you could argue that as you legally have to use it within the same Holiday Year you could only take it beforehand. I'm still just not sure they have to let you take it all now though. Otherwise you may be able to ask for it in £ provided you leave before the end of the year .

You don't have to work until 11 weeks before your due date to qualify for SMP. To get SMP have to be working in the qualifying week (the 15th week before the baby is due) and have been employed by the same employer without a break for at least 26 weeks (about 6 months ) before this.

THe OP has already said that this qualifying week falls in the next 3 weeks and so it is this date (not 11 weeks before) that she will have to reach to earn SMP. If she leaves her job after this qualifying week she will still be paid SMP via her employer (who claims it back).

However if the OP wants to return to her job post maternity leave (or have the option to) she will need to work until 11 weeks before her due date which is the earliest date anyone can start maternity leave( which must be about 7 weeks away.)

If the OP is ill anytime over the coming months before she starts maternity leave she would be entitled to normal sick pay/leave as stated in her contract. However, any illness which is pregnancy related can't be used for disciplinary or redundancy purposes and so should be kept on a seperate record.

The only exception is if the OP becomes ill up to 4 weeks before the due date with a pregancy related illness - if this happens her employer will have the right to commence her maternity leave with immediate effect.

With regards to taking holiday you will still build up all your entitlements to paid holiday during ordinary maternity leave. However, unless your contract says differently, you'll accrue only the statutory minimum (four weeks) holiday entitlement during additional maternity leave.

You can add holiday to the beginning or end of your leave. You may not be able to carry over untaken holiday entitlement if your maternity leave goes over two holiday years, so it's often best to take this at the beginning of your leave.

I think you'll have to talk to your employer about this and if they are been difficult then speak to ther ACAS helpline on 08457 47 47 47 from 8.00 am to 6.00 pm Monday to Friday

This page has more information maternity