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Original poster

I can't work notice period

39 replies

Mummytosweetp · 09/09/2018 19:54

I'm am looking at resigning from my job but have been told I will have to work 5 weeks full time as a notice period not to repay contractual maternity pay. My daughter has severe reflux and allergies and have been advised by pediatrician to not wean until 7/8 months as she is struggling with solids. She is breastfed so relies on me for milk and I've not had much luck expressing. Due to my husband getting new job we will be relocating 2 hours from where we currently live in January and my daughter will be 9 months then. How am I supposed to work these 5 weeks when I can't physically leave her. Can I take unpaid parental leave in notice period? This whole situation is stressing me out.

OP posts:

bigchris · 09/09/2018 19:55

If you don't return you just pay back some of your maternity pay

SleepyMcEdie · 09/09/2018 19:55

Do you have annual leave you can take to cover some of it?

SauvignonBlanche · 09/09/2018 19:56

You don’t have to work it but will have to pay some money back. Have you found out how much it will be?

Frankenterfer · 09/09/2018 19:56

You'll just have to repay whatever enhanced maternity payments that you received. Best thing to do is speak with your manager or HR x

WoWsers16 · 09/09/2018 19:57

I don’t know any legal stance but i would say if you can’t work your notice then you will have to pay back the maternity pay. Or keep working on expressing milk- or get formula milk. Xx

LoopyGremlin · 09/09/2018 19:57

Can’t you just repay the contractual maternity pay and put in your notice 4 weeks before the end of your maternity leave?

INeedNewShoes · 09/09/2018 19:57

Is there a nursery near the office she could go to so that you can continue feeding? You may well find she is taking fewer feeds by then even without weaning as they get more efficient at taking what they need.

thinkfast · 09/09/2018 19:57

Can you take your 4 weeks unpaid parental leave entitlement? That would leave you just 1 week to work

thinkfast · 09/09/2018 19:58

And perhaps you have enough accrued holiday for that week?

INeedNewShoes · 09/09/2018 19:59

Would you employer allow you to work some days remotely? You would still need childcare to work from home but at least then the commute wouldn't be an issue.

Notmethistimehonest · 09/09/2018 20:00

Sorry to be harsh but you can’t work the weeks required to be entitled to the contractual maternity pay so you will have to repay it. It really is that simple.

The reason companies give enhanced maternity pay is to encourage people to go back, not as a nicety.

UghFletcher · 09/09/2018 20:11

You must have known that you would have to pay back any enhanced maternity if you didn't return?

It's simple really, you go back full time or you pay back the money. Is there any holiday you can take as part of your notice period so this reduces the amount of full time weeks you need to return?

My DS had dairy, soya and gluten allergies when I returned to work full time. I ended up having to put him on neocate for nursery to be able to give him milk. Is that an option for you?

RickyGold · 09/09/2018 20:21

when would you be returning? If your daughter is not 9 months until January, there is plenty of time for things to improve. It seems the reason you can't return is you will be moving away for your husband's job so maybe just pay the enhanced payment back.

Want2bSupermum · 09/09/2018 20:29

Which pump are you using to express? Medela symphony with the right flanges is very good and I was able to rent one for a reasonable cost here in the US (it was $100 a month). The other good pump is the spectra and it's very affordable compared to the hospital grade medela pumps. Speak to your GP about getting a good pump with the right sized flanges. They should have a lactation specialist helping you because you will probably need to restrict certain foods from your diet (diary, onion, broccoli and garlic are the more common foods lactating mothers restrict when their baby has reflux and/or allergies).

As for going back to work, if you need to feed the baby, won't you qualify for a sick note? Here in the US feeding issues and PND are conditions which doctors will sign you off from work for.

Original poster

Mummytosweetp · 09/09/2018 23:59

The contractual pay is around £5,000 so I can't afford to pay it back. I'm not being awkward to the people who said it was simple I will just have to work. My husband has an important job and is on call a lot so although he will take leave when he can I still have days when I have no childcare. I have spoken to a few nurseries in my area and they said they book children in per term so I would have to pay for times she isn't there which again is a waste of money at almost £60 a day at a time when we are trying to save money. I always intended to go back to work part time but then my husbands job has changed and so I am left with no job essentially. I just wanted to know where I stood with unpaid parental leave as I will have days where I have no one to look after her. I have anxiety and this whole situation is making me ill.

OP posts:

Inniu · 10/09/2018 00:01

If you can’t afford to repay in a lump sum you will have to arrange installments.

MrsSchadenfreude · 10/09/2018 00:02

Can you get a nanny/nanny share, if it is only for a short time? Balancing the cost of the nanny with what you would have to pay back?

TheRedRoom · 10/09/2018 00:03

It sounds like you need to negotiate with your employer. They may agree to you paying the money back over an extended period rather than as a lump sum. I didn't return to work after maternity leave and the money I was meant to pay my employer back was offset by holiday I was owed meaning I broke even. Have they factored any holiday days into their calculation?

Original poster

Mummytosweetp · 10/09/2018 00:09

I have 7 days leave to take. I agreed to work 3 weeks half days with my employer to use up my leave as my husband can go to work later to cover morning childcare some days. It's just the final 2 weeks I'm struggling with and my daughter has a hospital appointment in these two weeks.

OP posts:

Fucksgiven · 10/09/2018 00:10

Get them to sort it all out for free, OP. It's your right after all to have it all

iamapixiebutnotaniceone · 10/09/2018 00:13

Will you have any annual leave that you can use? Or can you put in a sick note?
If you can put off going back a little longer it is possible that the issues that you are having might have eased enough x

Mollywobbles82 · 10/09/2018 00:17

If you don't want to repay the £5k you will need to work the minimum term whatever that is. 5 weeks is nothing in the grand scheme of things, I'm surprised it's not more. Why don't you look into some local childminders, they tend to be more flexible than day nurseries. Or ask if anyone in your family / friendship circle could help, as it's only going to be temporary. As others have said, you'll have to get better at expressing or find a formula that works with her allergies if she's still in need of milk.

It seems that the root of the matter is that you will be relocating rather than the feeding issues though. Could your husband use up his annual leave at the old employer and leave a few weeks early, giving you some overlap? Failing that, perhaps you just need to factor in the expense of paying back the £5k to your budget. It seems very unlikely that your employer will simply allow you to keep the money and fail to work your notice period, as as others have said, it's supposed to act as an incentive to return.

Mollywobbles82 · 10/09/2018 00:20

Of course if you're leaving anyway, don't care about burning your bridges and have no scruples you could just go off sick for the last two weeks. I don't see what they would realistically be able to do about that but a lot of people would find it weighing on their conscience.

Want2bSupermum · 10/09/2018 00:35

So let's get this straight. Your DH has an important job but that job doesn't pay enough to cover the cost of the £5k you owe your employer. From where I'm sitting this isn't a problem you should be sorting out on your own. Your DH and you should be finding a solution together.

NorthernLurker · 10/09/2018 00:37

You'd better check your terms and conditions before going off sick. Contractural pay is discretionary, the company can write the rules they want and if I was writing rules I would say that sick time didn't count towards time returned for purposes of contractural pay retention though obviously you accrue annual leave etc.

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