What are my rights?

[Peanut55]

Hey, thanks for clicking. I am a bit confused so here it is ...

Maternity leave began on 19/08/2020.

I get SMP. Last payment due in May.

Told employer in letter that I would be taking full 52 weeks, but explained to him it was just to cover me unless I wanted the full year.

I have popped in to work informally a few times and have said I aim to be back May/June time maybe on reduced hours. It's a small family run company so no HR or anything.

Here is my pickle.

I am not a key worker, I wouldn't be able to get childcare. If I wanted to return to work earlier, which work has always been keen for me to do, but I can't get childcare can they

-- Insist I take the full 52 weeks? 3 months unpaid.

-- Take me back, but furlough me.so.i get 80% of my salary due to not being able to have childcare ?

• make me take my annual leave I have accrued ?

Where do I stand? Any advice on how to tackle this?

Many thanks for reading.

Can you do your job from home? What are the other staff doing?

If you want to end your mat leave before your current return to work date you need to give 8 weeks notice of a change to a return date in writing, following any procedures your company may have.

I "think" that what happens next entirely depends on your role and how your employer is managing the situation. You're not a keyworker so what happens to you should be what happens to your colleagues, on the most part.

People on furlough are having the period in which they can take annual leave extended. Where people are not on furlough, employers can allocate your annual leave.

Guessing from the way you have worded your email you are thinking about being furloughed so you can be on more than mat pay? Bear in mind that if this is the case then your furloughed status could come to an end at any point and then you couldn't return to mat leave.

It would be deemed standard practice for you to take accrued leave, if you hadn't already from last year.
I think that though you may end up with greater pay, right now, you've neither given them the eight weeks notice nor have you negotiated any flexible working which also requires a formal application.
If you state you're planning to return they're not obligated to furlough you and tbh it sounds as though they need you to work, how will you then manage the childcare if not permitted to work from home?

This needs a lot more thought and discussion with your employer.