Changed mind about return to work after maternity leave - less than 30 days to go.

[owltrousers]

I'm supposed to return to work 16th December (1 year) but originally told my employers that I would return after 9 months on 22nd October.

After negotiating part-time hours I agreed to return early on 10th September, only over email and phonecall. I never signed a contract.

Now I've decided that as my baby is only just 7 months I don't want to return this early, and I don't want to forfeit a month of my maternity pay. Where do I stand? I know you have to give 30 days notice to change your return date, however my return date was originally 22nd October.

Can I change my mind without repercussions?

. Email is confirming in writing, there's no need for a contract. They are undoubtedly planning and expecting you back in 10 days and without 8 weeks notice of the change have the right to hold you to that and treat you as absent.

They might let you change it now out of the goodness of their hearts but you've jerked them around and I'd expect them to be thoroughly annoyed.

Thats fine, I don't mind if they're annoyed. I expect that.

I just want to know if theres any way they can withhold my last month of stat maternity pay, or anything like that?

Yes they can. It would be one thing if you hadn't set an earlier return date but you don't and once you'd done that you don't have the right to change it unless you provide 8 weeks' notice. They have the right to say, show up on Sept 10th or we consider it unexcused absence.

They will have been resource planning based on your return date. And setting up payroll. There is a reason you're supposed to give notice. Like I said, you can ask very nicely if they would allow you to come back later, but they're under no obligation to say yes.

Unless your employer makes an entirely voluntary decision to let you alter your return date again, on notice shorter than you are required to give, there is no mat pay to withhold.

You are back at work from the new date p, and if you do not show up then you will be subject to normal attendance management measures

If I handed my notice in today I'd be giving the 2 weeks required in my contract.

Once you hand your notice in do you still receive the rest of your maternity pay or is it stopped from there on in?

You’ll still get the remainder of the SMP unless you start work elsewhere.

At risk of being flamed, THIS is why some are so scathing of working mothers. People like OP give the rest a bad rep.

No idea about the legalities, but I would be furious, never mind annoyed, if you did this.

Your cover will probably be off to another job, so your colleagues will carry the burden.

I am so so thankful of he may leave we get in this country. But abusing it like this gives working mums a bad name.

I don't think its me you need to be angry at.

I'm just trying to do the best thing for my family. Working this job is actually going to leave me worse off than if I didn't work at all once you count petrol and parking and childcare costs. Now I have a strong suspicion that my employers only want to offer me part time hours for a 1 month trial (with me forfeiting 1 month of maternity pay) in order to show flexibility and then I'll be out of a job, since I can't do the full time hours.

Maternity pay sucks, childcare costs suck. This country does not do enough to support working mothers.

You told them, presumably without a gun to your head, that you would be back on Sept 10th. You're an adult woman - it's your job to figure out whether going back is worth it to you or not and act accordingly. Do you realise other people, maybe even other working mothers, will have had their jobs altered and changed around to facilitate your return? That your maternity cover may have been let go already on the expectation of your return?

This has nothing to do with "support for working mothers". This is to do with the expectation that adults keep their commitments. You made a commitment; keep it, or don't be surprised that you destroy your reputation and any goodwill you had.

Its just me and them, no other employees. My maternity cover is their daughter working for free

”Now I have a strong suspicion that my employers only want to offer me part time hours for a 1 month trial (with me forfeiting 1 month of maternity pay) in order to show flexibility”

Why would they need to do that? They could have just refused your flexible working request in the first place!

I don’t think “support for working mothers” should extend to allowing them to negotiate part time working arrangements and then announce a couple of weeks before they are due back that they’ve changed their mind and want to extend their maternity leave.

If returning doesn’t work for you financially and you prefer to leave your job, you should have identified that earlier and resigned.

Did you hand your notice in?

Because if you haven't, you won't get any further mat pay, because the last day of the two weeks is now after the mutually agreed return date of 10/09

@AlexaAmbidextra couldn't agree more! I've made sure on every KIT day that my team know i am definitely coming back full time after Mat leave. I've kept in contact with them during the last 7 months generally and regarding work.

@owltrousers
Maternity pay sucks, childcare costs suck. This country does not do enough to support working mothers.

My Mat pay is brilliant and childcare is gonna be cheap for me as its onsite at work. It's obviously just your employer.