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Advice re: giving up work verses taking maternity leave

11 replies

Dickers · 15/06/2004 13:32

Some advice please
I went back to work at my full time, fairly high powered job after DS was born. I am now pregnant with my 2nd and I don't think I could do the job I do with 2 children.
The company I work for are not great on offering part time alternatives and I think it is time for a change, so I am thinking of handing in my notice and leaving just before the baby is due. The plan would then be to look for a new job (more local, possibly part time less pressure) when the baby is about 6 months old.
Can anyone tell me what benefits I would be eligable for if I leave my job. Also am I right in thinking if I take maternity leave from my current job and tell them I'm not coming back at the end of my leave, I would have to give all the money back?

OP posts:
serenequeen · 15/06/2004 13:34

why on earth would you not just not go back at the end of your mat leave? sorry have i missed something?

serenequeen · 15/06/2004 13:37

oh, you are worried about having to give the money back. that is not a statutory requirement. it would depend on your firm's policy. you would need to discreetly find out what the policy is for returners. have you told them you are pregnant yet?

Blu · 15/06/2004 13:39

I don't think you have to give back STATUTORY maternity pay - which is why it would be better not to hand in your notice before going on mat leave, but to write (there's a deadline: I can't rememer what it is) saying you won't be back.

Flip · 15/06/2004 13:40

I think that if you only qualify for Statutory Maternity Pay then you don't have to pay it back if you leave.

Alternativley what you could do is take six months on SMP, six months unpaid, then go back for a month, then quit. You could always be looking for an alternative job in the mean time.

Regarding part time work - employers have to concider everyones request. They have to present a very strong business case for you not being allowed to get part time hours. If they're not being flexible now and you're feeling under pressure then start keeping a diary.

I ended up going to mediation with my employer when I was pregnant. I'm six months into my maternity leave and when I go back I only want to do two days. I've told them I'll work in another department so they will find it very hard not to accomodate me.

Good luck

Flip · 15/06/2004 13:41

I think the deadline is four weeks before the end of additional maternity leave. By law you don't even have to tell your employer that you're taking additional maternity leave and they aren't supposed to ask when you plan on returning.

Toothache · 15/06/2004 13:54

Dickers - Definitely take at least the SMP for 6mths. That's what I'm going to do. I, like you, returned to a fulltime job shortly after DS was born, but pg with my 2nd now. I hate this job and although they said they'd discuss me going part-time on my return I'm sure they'll make it horrible for me when I do. I plan to come back for 3 mths until DH finishes his training. In that 3mths I will definitely be actively looking for another job.
PLease please get the SMP you are entitled to though.

Tallgirl · 15/06/2004 15:51

Like most people here i would wait until the last possible moment (i.e at end of mat leave) to tell them you are leaving. It is correct that you dont have to tell your employers anything and they have to assume that you are taking your full entitlement (1 year). You definitely dont have to pay back any of the statutory mat pay which you get for 26 weeks (90% for first 6 weeks and then £102.80 for next 20 weeks) however if you get paid anything extra at your company's discretion then you may have to pay it back if you dont return. You should write to your employers by your 25th week of pregnancy telling them your expected date and when you intend to start maternity leave - you dont need to tell them any more than this. Surely it would be better to take the year or 6 months off and then see how you feel - you can always hand your notice in after this.

By the way i am also PG with number two and have looked into all of this - also have sister in HR which is useful. If you go to the DTI or ACAS websites or Maternity alliance you should find all this information.

Hope this helps!

muffinchops · 15/06/2004 16:44

I second the advice proffered here and would definitely urge you to take the leave to which you are entitled.

Throughout my leave I was in a quandary as to when to return (I worked as a solicitor for a large City firm) and whether to take the full year's entitlement. About 6 months in I made a courtesy call to my immediate boss to explain that I was going to take my full year so as to allow for work allocation.

I received a letter from HR requesting whether I could confirm the date I would be returning or whether I would be adding my accrued holiday on to my maternity leave but it clearly stated that I was under no obligation to provide such confirmation.

Similarly, if I was not going to return I was to give at least 3 months notice. After much agonising I went to see my boss last week as I had decided not to go back (even though I was technically due back in a month) and this did not present a problem on the notice front.

My firm's policy is that you do not have to pay back any money and, as already mentioned, you should check your company's policy.

I would urge you to take the leave and benefits to which you are entitled and when the appropriate time comes around inform them that you will not be returning.

prufrock · 15/06/2004 21:15

If the firm do not specifically say in the mat leave policty that you have to pay back money received over and above SMP then thy cannot ask for it back. And you should say that you are taking both the 6 months OML, and 6 months AML, as during AML a lot of firms continue to ive you health benefits/insurance cover, and you continue to accrue holiday which then has to be paid to you when you finally resign (but usually at only 20days pa)

twiglett · 15/06/2004 21:22

message withdrawn

clary · 16/06/2004 00:01

Yeah, Twiglett and Tallgirl are right about SMP, please take it for 6mo, you are entitled. It makes me so mad when people ignore those on mat leave; a friend was not told about a big family bash organised by her firm as she is on leave; and I didn't get my annual pay rise, I assume for the same reason (am asking for it to be backdated!). I agree with Flip, ask about part-time, they cannot just refuse now,IT'S THE LAW! Although of course look elsewhere if you are fed up with this job anyway.

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