Secondment maternity pay unsure if can go back to previous role

[Arby365]

Hi,

I am pregnant in my second trimester 💫 and currently working on secondment. I wanted advice about whether I would be entitled to full maternity pay.

I resigned from my old role (Job A) because the commute was getting too far to travel, it was a permanent contract and my resignation was accepted and then my end date extended a few times. I managed to secure a secondment opportunity in same company (so continuous employment). The secondment ends a month after my due date. My secondment contract says I have the right to return to my old post. Wondering if I would be entitled to full maternity pay or just until my secondment ends? Would my right to go back to my old role (a) as stated in secondment contract still stand if my resignation was excepted previously?

Any advice is much appreciated!

When you got your secondment was your termination date extended again or was your resignation completely retracted?

Hi Flowery, My resignation date was extended

Ok so there are two conflicting pieces of information- you have confirmation that your employment ends at the end of your secondment, but you also have something in your secondment agreement saying you have the right to return to your old role.

If you want to keep your job, I suggest you write confirming that in line with your secondment agreement, you would like to return to your old role at the end of your secondment. Get them to confirm that in writing so that it is clear.

I imagine the wording in the secondment agreement is because it’s standard wording, but you can still try and use that.

Thank you, I don’t think they would accept me to go back as they have since filled the post. Without confirmation in writing that I could go back to my old role do you think I would be entitled to full maternity pay?

Well you won’t be entitled to company maternity pay once your employment has ended, obviously, although you would continue to get SMP. Whether you’d be entitled to it up to your termination date depends on the terms and conditions of the maternity policy- what does it say?

Is there a requirement to return to work for a certain length of time to avoid having to repay the enhanced portion of maternity pay? That’s the other issue.

Thanks Flowery, this is really helpful, I will have a look at the policy m. Thanks again for your help!