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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:
SleepyMcEdie · 10/09/2018 06:07

So it’s only 2 weeks you need to sort? Can’t your DH take annual leave for those weeks? Do you have any friends/family that could help?

Other options are call in sick, speak to work about taking unpaid parental leave or find a short term childminder.

You are lucky it’s only 5 weeks, my contract is 13 weeks!

H1dingInSight · 10/09/2018 06:19

Parental leave is discretionary and intended to cover impossible-to-predict childcare emergencies. This isn’t that.

Hiring a temporary nanny for two weeks would be cheaper than paying back £5k.

This should have been a factor that you and your DH considered when weighing up whether he took the new job or not.

Unsure123123 · 10/09/2018 06:35

Child minder? Neocate, or just pay the nursery for this term which will be cheaper than a £5k maternity payback and accept the financial hit. Alternatively if it's contractually acceptable go on the sick. Personally I couldn't do the sick thing unless I really was as I'd have the guilts.

Lwmommy · 10/09/2018 06:36

Have you taken the full years maternity leave? If not can you inform them you intend to take it all, that will give you more time to wean and sort childcare. It will.also allow you to accrue more annual leave that you can add to the end of your maternity towards the notice period if needs be.

Butterymuffin · 10/09/2018 06:39

Can you wait and move a few weeks after your husband does?

LittleBookofCalm · 10/09/2018 06:45

will you go back to work eventually?
you have gone back after maternity leave but now you want to leave?
i would have thought a month's notice would be more normal.

can you go off with stress?
will you aim to return eventually?

Aridane · 10/09/2018 06:52

hiding - that’s emergency dependent
LEave - parental,leave is something different

Rooberoobe · 10/09/2018 06:52

Can you save any maternity pay you get between now and when you are starting back. Then you can pay off a lump sum and work less notice?
Or can you end mat leave ASAP and work maybe a day or two a week from now and increase work when you have more childcare available?

simplepimple · 10/09/2018 06:58

The real issue is that you are moving away due to your DH new job and that you don't want to have to give back part of your maternity pay.

What does your contract stipulate with regard to notice period?

How long have you worked there?

Is it possible to explain your situation to HR and see what they advise?

DunesOfSand · 10/09/2018 07:10

Can you return earlier, before your husbands job moves, and get him to leave work a few weeks earlier, or taken leave (paid or unpaid) to cover the childcare?

Any grandparents anywhere who would come a stay for a week to look after their grandchild while you work?

Is it an "all or nothing" situation? Or, if you work 3 of the 5 weeks, do you only need to repay 2k of the maternity pay?

There are allergen free formulas available, which could be used while she is in childcare, and you can feed around those times (and probably most of the way through the night!)

TuckMyWin · 10/09/2018 07:14

I had a colleague in this situation. She calmly informed her employer that if she was to pay back her maternity pay they would have to reissue her P60 and therefore redo their end of year accounts. They decided they couldn't be bothered. I don't know the ins and outs or how valid an argument that was but that might be a tactic worth looking into to negotiate with them?

Mummytosweetp · 10/09/2018 07:42

Thank you all for your opinions. I am going to look into working the 3 weeks and paying back 2 weeks.

OP posts:
ForgivenessIsDivine · 10/09/2018 08:11

If your daughter will be 9 months old in January, she must be 4 months old now. You will be weaning her around 7 or 8 months and presumably can delay your return to work until she is 12 months old. By then, you she will have been through all sorts of changes, sitting, standIng, crawling, trying first foods and she will no longer need breastfeeding anywhere near as frequently asked she does now. When I went back to work at 9 months my milk and bottle refuser fed morning and evening only. The rest we worked hard are ensuring she got through her dairy and gluten free diet but she was OK.

If you have only been on maternity meaney for 4 months then presumably you haven't received a huge proportion of the enhanced pay so far.... and as someone else said.. presumably this has been worked into the decision to move (I say gently as I suspect it might be something like a non optional army move with no extra pay...). You could choose to resign at the end of your statutory period instead and not take the enhanced pay or you could save the enhanced pay and just pay it back

Nursery at £60 per day for 5 weeks comes to £1,500 so less than you would have to repay. But maybe being 2 hours away would be too difficult unless you still have a home in the old location. However you could possibly get an emergency short term nanny.

Don't assume you can't go back to work because your 4 month old needs you intensely now. This will change which is why women fought hard to have maternity rights extended to 12 months leave. But it is hard to find part time work if you move locations.

You do need your partner to factor you and your daughter into his decisions... job location, where you live. Maybe you could even carry on working part time after the 12 months if you lived half way between the two locations and had a nanny for your daughter so she doesn't have to commute.

You will find a way.. between the three of you. I will never forget the horror of having an allergic high needs baby. We did work it out and things did get better. You have time to find a workable solution. I wish you the best.

And in answer to your question. . unpaid parental leave is at the employers discretion so this moght not be granted, you would have to consult your employers policies to see if this would civer the requirement to 'work' for five weeks.

You also mentioned holiday pay... you are entitled to 5.6 weeks of annual leave if you take a full year of maternity leave... you might be able to take this when you finish your maternity leave. You will need to consult your employers policy regarding whether this can be used as your notice period.

Another option is for you to transfer some of your entitlement to your partner under Shared Parental Leave so that he can take care of your child while you work these five weeks.

elkiedee · 10/09/2018 13:04

When you talk about needing to save and being unable to pay back the contractual maternity pay, are you looking at it in terms of your wages or your income as a family? I think you need to talk about it with your husband.

Have you looked at a short term/part time place with a childminder? If you know the dates you need, you might be able to agree a short term commitment, especially if it's before January, but possibly even if not. Mums looking to return to work in January or even February may well be looking now, and if you take a childminder place for a couple of months but she knows you are finishing in January, she can line up other work when you move.

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