Resigning whilst on Mat leave to start a new job.

[MrsEileithyia]

Hi advice from HR experts please!

So I am currently on maternity leave and I was due to return to work Feb 18. I have however been offered an exciting new job with less hours, more money and exciting prospects. I would like to start new job as soon as possible however I am required to give 4 weeks notice to my former employer. My new employer is willing to wait but I am eager to get back into the workplace.

My question is how likely is it that my former employers will agree to waiver the notice period due to the fact that I am on mat leave anyway so I can start my new job? It’s not as though they need to find cover for me or will be left short staffed as I am not there iyswim.

Sorry if I’ve explained this in a shitty confusing way, it’s late and google is pissing me off. I miss Ask Jeeves.

Tia.

I'm confused. You weren't planning to return to work until February. Now you have this new job offer and want to start immediately - but what are you going to do about childcare? Did you have something lined up for February that you can start straight away just like that?

I don't see why the rush, why not just hand in your notice and start the new job in 4 weeks?

I think you'd just have to hand in your notice in the usual way and politely if a shorter notice would be possible. They are allowed to insist on the 4 weeks.

Worth checking what annual leave you have accrued up to that point as well as you might have to take it or be paid out. And if there's any repayment of maternity leave (if you got enhanced from your employer)

I'm sure I've seen a thread very similar to this only recently.pretty much the exact same circumstances and dates

"My question is how likely is it that my former employers will agree to waiver the notice period due to the fact that I am on mat leave anyway so I can start my new job?"

No one here can answer that, and neither can Google. You'll just have to ask your employer to release you early. Either they will or they won't. But even if they don't, four weeks is nothing- it's not like you are facing a 3/6 month wait.

I don't understand. Why can't you hand your notice in while on mat leave? You'd probably have to repay anything you got over SMP though.

"I don't understand. Why can't you hand your notice in while on mat leave?"

She can. She just wants to start her new job now rather than in 4 weeks.

There’s no logical reason why they would deny your early release.

Maybe say due to personal reasons though so you’re not advertising the new role. They will know when asked for a reference anyway.

As PP said, make sure you are paid out any holidays owed in your final pay.

Hi All! Thanks for the replies and sorry for the late response. I fell asleep last night.

There is no massive rush but I feel like for my own sanity I want to return to work, DD will be 9 months in Nov whereas I told my employer I was taking the full year. I have childcare lined up ready and I am only planning to start on 22 hours. I am owed all my holidays so I will make sure I am paid those on my final day. I am starting quite a complex senior role so I feel the sooner I jump in I can commence training etc but at the same time I don’t want to burn any bridges with my old employer as they have been excellent over the past 10 years.

Again thanks for the responses, I just didn’t want to hand my notice in and start in a new job before I was allowed to do so (I don’t really understand the rules of notice periods).

They might agree since you are off anyway, all you can do is ask. It’s in their interests in a way as it’s less time you’re accruing holiday for and also if you’re still in receipt of SMP that will stop if you start work for a new employer.

If you wanted to go back to your old job early, you'd have to give 8 weeks notice, so giving 4 weeks notice to resign and starting a new job is actually a quicker route to starting work again.

Check your maternity pay policy at work - if you have received enhanced maternity pay, some employers have a clause stating that you must repay if you don’t return to work for a certain period of time.

Fortunately (although I didn’t think so at the start of my mat leave) I have only received SMP so I shouldn’t owe them anything.

Like a pp said it would be in there best interests to know sooner rather than later so I could put it to them in a nice way suggesting this.

They hired a temp member of staff to cover my mat leave and I know she is starting to get a bit worried about me returning to work as it means her contract will come to an end, so I am also keen to let her know that she will not lose her job and she can have the security of having a permanent position.

I sign my new contract on Tuesday so as soon as I’ve done that I can get in contact with my former employers and ask the questions. It’s just sat at home speculating that is driving me nuts!

Their best interests. Not there. See, I’m going bloody stupid sitting at home.

”Like a pp said it would be in there best interests to know sooner rather than later so I could put it to them in a nice way suggesting this.”

Suggesting what? They’ll know you’re not coming back as soon as you resign. Your employment ending now or in 4 weeks’ time won’t make any difference to that, as they’re not expecting you back right now anyway?

This does seem like quite a lot of angst when your notice period is only 4 weeks anyway, I’m struggling to understand the issue really. Sign your contract on Tuesday, then resign your job. Your employer will then know you’re not coming back as will your temp cover.

Then in 4 weeks time, you can start your new job. In the meantime, take advantage of the next 4 weeks of SMP.

The way you are posting, it’s as if you have some incredibly lengthy notice period you are keen to get out of. But when you can start your new job in 4 weeks time, surely just do that?

Sign contract. Hand in your notice. Ask for them to relieve you early. A company that has been good for 10 years won't quibble. Unless of course they don't like your replacement.