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Original poster

New job, ending maternity leave

16 replies

alwayswingingit · 06/09/2018 14:07

In order not to pay back the occupational maternity pay, I have to work for three months after my maternity ends. These 3 months can be taken as annual leave and/or unpaid parental leave.

How much notice do I need to give that I would like to end my maternity and begin annual leave? They know I'm not coming back to work permanently, so surely it doesn't make sense to have to give 8 weeks notice of my return to work?

If anyone knows, that'll be really helpful.

Thanks

OP posts:
dementedpixie · 06/09/2018 17:12

You're not going to have 3 months worth of annual leave. How else are you making up the extra time

Original poster
alwayswingingit · 06/09/2018 18:50

Sorry should have been clearer. I would like to take 4 week's unpaid leave and then the remaining 5 weeks that I have accrued. When the new annual leave cycle starts in a few months I will also have a bit more annual leave.

I'd like to know how much notice I have to give to end my maternity and start annual leave?

OP posts:
dementedpixie · 06/09/2018 19:19

Are you going back earlier than 12 months or are you taking full maternity leave? Is your employer aware that you want to take the unpaid leave/ annual leave?

SassitudeandSparkle · 06/09/2018 19:21

It will say in your maternity leave policy how much notice you need to give to return to work (or in your case, start holidays because you'll need to formally return to work to do that).

SassitudeandSparkle · 06/09/2018 19:22

Just to add that it is likely to be 8 weeks as that is standard. Are you asking because you have less that 8 weeks to go until your return?

dementedpixie · 06/09/2018 19:27

You don't need to give notice of return to work unless you are going back earlier than the full 12 months. They will be expecting you back on a particular date that they will have confirmed on your maternity paperwork. You will need to speak to them in advance as you want unpaid leave/ annual leave when you do go back

dementedpixie · 06/09/2018 19:28

When I say 12 months I mean 52 weeks as that's the standard maternity leave period

Original poster
alwayswingingit · 06/09/2018 19:39

Yes I am planning to return to work after being on maternity leave for 5 months. If it is 8 weeks notice of returning, I just wondered if they would still require this amount of notice considering I am actually not going to be physically returning to work.

OP posts:
dementedpixie · 06/09/2018 19:44

If you are going back early (even if not to work) then i imagine 8 weeks notice would still be required. They may need the extra notice to get a permanent replacement for you

nerdsville · 06/09/2018 20:53

How much leave are you going to accrue when the new annual leave cycle begins? Surely you'd need to get at least halfway through the new annual leave year in order to accrue the additional 3 weeks you need to cover off the full 3 month return period?

Or is this way off in the future? In which case surely it doesn't matter if they require 8 weeks' notice as you'll have plenty of time.

MaverickSnoopy · 07/09/2018 12:12

You say they know you're not coming back to work permanently, does this mean they know that you want to take the 3 months unpaid/annual leave? If so I can't see much sense in them minding when you actually leave.

When I left my last employer I was still on maternity leave and wrote and told them that I wanted to use my annual leave to cover most of my 3 month notice period and that I was happy to come in and work for the remaining 3 weeks. In my case they decided that I didn't have to go back and paid me for my 3 months notice plus annual leave entitlement which I had not expected. I'm not saying it'll be the same for you but I would be expecting them to consider what you are proposing and what works for them in conjunction with this. Not all employers will use contracts and policies to the letter as circumstances can vary.

Original poster
alwayswingingit · 07/09/2018 13:55

@mavericksnoopy Yes they are aware that i want to take the annual/unpaid leave and have no problem with me doing so.

If it meant that I needed to come back and work a week or so to ensure I covered the 3 month period, I really don't see them enforcing it. It would disrupt things greatly for the team for me to just come back for a few weeks.

OP posts:
Original poster
alwayswingingit · 07/09/2018 14:26

Another option is to resign.

Can someone help me out and let me know if this calculation is correct.

I would need to pay back:

18 weeks of OMP at full pay

minus
SMP entitlement (39 weeks - 6 weeks at 90% and 33 weeks at £145.18) and also minus
any accrued annual leave (which I believe may be 24 days)

The remaining balance is what I will pay right?

OP posts:
nerdsville · 07/09/2018 20:44

I assume the OMP is listed separately to the SMP on your payslips? E.g. full pay would be 1000 so your payslip shows 642 SMP and 358 OMP. If so just add up all the OMP and deduct the holiday pay they'll owe you and that'll be your remaining balance.

Original poster
alwayswingingit · 08/09/2018 15:13

isn't what you've suggested the same as my calculation above? Confused

my maths isnt the best i admit

OP posts:
nerdsville · 08/09/2018 17:00

Yeah I'm just suggesting you leave SMP out of the equation altogether so as not to overcomplicate the sum! I like an easy life - especially when I'm doing maths Smile

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