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Resigning after maternity leave - accrued annual leave?

13 replies

FiresideTreats · 23/01/2019 09:59

I am not returning to work after 12 months maternity leave. I am due back to work 20/04/2019 and received only SMP as maternity pay. Our annual leave runs Jan-Dec.

My question is can I get paid for the annual leave I will have accrued from 01/01/2019 - 20/04/2019? Is this mega cheeky? Knowing the company I work for, I am fairly sure they won't just pay me any annual leave accrued. If I am entitled, what's the best way to approach this/word my letter to ensure I can be paid?

Happy to be told I am taking the mick if I am!

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bestsupportingtigeress · 23/01/2019 10:06

I didn't go back after my last maternity 2.5 years ago and the annual leave I occurred whilst being on mat leave I got paid it all with my last mat payment.

Finfintytint · 23/01/2019 10:07

I know it's not the same as maternity but I was off long term sick then resigned. I didn't occur to me that I'd be able to claim back any leave but my lovely boss made sure I was paid. (£6k so worth it).

FiresideTreats · 23/01/2019 10:10

Thank you both. I don't think I am going to get paid anything though, as my SMP final payment will be this month, then no pay after this as I'll have had all the weeks SMP. The last 3 months ish are unpaid as I'm taking the full year. Do you get a zero monthly payslip in this situation?!

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TillyTheTiger · 23/01/2019 10:14

I was paid all my accrued annual leave when I resigned.
More information here:
www.maternityaction.org.uk/advice-2/mums-dads-scenarios/pregnant/resigning-during-pregnancy-and-maternity-leave/

Surfskatefamily · 23/01/2019 10:14

You still get it. Their accounts should just pay it automatically at the end of your 52week maternity period. Im not sure if you can ask for it earlier but its worth an ask

SassitudeandSparkle · 23/01/2019 10:15

Can you take the holidays after the end of the maternity leave - you'd be returning to work but only for the holidays (if they don't offer to pay it outright).

tiredscaredmama · 23/01/2019 10:23

You are still required to give notice in line with your contractual terms - you can't just not return after mat leave. You will be paid any accrued leave from your maternity leave. This is a statutory requirement.

FiresideTreats · 23/01/2019 10:26

Tilly that link explains it perfectly, thank you.

And thanks to everyone else who has confirmed I should be paid for any A/L accrued this year until my resignation date.

Sass that's definitely also an option, hopefully if I suggest it they will say "just bugger off, we have to pay you your A/L anyway!"

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FiresideTreats · 23/01/2019 10:27

Thanks Tired - my notice period is only 4 weeks. I am going to pop in and see my manager and hand in my notice in person next month. I've been there 10 years so would rather do it personally.

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SassitudeandSparkle · 23/01/2019 10:35

Check your Maternity Leave policy, it's often 8 weeks notice of the date of return (or not, as the case may be!).

FiresideTreats · 23/01/2019 11:24

Gosh, you are right, it's 8 weeks! Cheers Smile

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flowery · 23/01/2019 12:15

No no no. It's 8 weeks' notice of changing your return date. If your contractual notice period for resigning ending your employment is 4 weeks, that is still the case. They can't increase your notice period just because you are on maternity leave.

Just resign 4 weeks before you are due back, and in your resignation letter, state that you calculate you will have accrued x holiday days this year and look forward to receiving payment for this upon termination.

FiresideTreats · 23/01/2019 13:33

Aha! Thank you very very much. Not sure why I am finding this so hard!!

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