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Confusion over unpaid mat leave and moving to another job

7 replies

rooarsome · 22/07/2021 17:27

Hi all,
I work for the NHS in a full time role. I am currently on maternity leave (paid) which is a 9 month long stint. I have been offered a new job at a different trust for when I return. My plan was to let the paid leave run its course, take a week or so of unpaid mat leave and then use up my accrued annual leave.
My line manager has told me that in order to use AL up until the start date for the new job, that I will not be able to take the unpaid mat leave. I will in fact have to go into work for that interim period.
Can anyone advise on this please? It seems a bit pointless to me and I was under the impression that mothers could have up to 52 weeks maternity leave. I understand that the situation is complicated with moving to a different employer

OP posts:
user16395699 · 22/07/2021 17:36

I was under the impression that mothers could have up to 52 weeks maternity leave

To clarify, they're not saying you can't, they're saying in order to use the annual leave you have to first end your maternity leave and return to work? But in order to meet your timescale for the new job that would mean cutting your maternity leave short?

Is that what you mean?

Jailbreak42 · 22/07/2021 17:43

What sort of maternity pay did you receive? If you have received enhanced maternity pay (ie more than statutory maternity pay), this usually comes with conditions that you will return to work after your maternity leave for a certain number of weeks/months. If you want to leave before that time, you usually need to pay back the enhanced maternity pay your received.

rooarsome · 22/07/2021 20:03

@user16395699

I was under the impression that mothers could have up to 52 weeks maternity leave

To clarify, they're not saying you can't, they're saying in order to use the annual leave you have to first end your maternity leave and return to work? But in order to meet your timescale for the new job that would mean cutting your maternity leave short?

Is that what you mean?

Hi, my line manager is not sure whether unpaid mat leave accrues AL hours. That is why I need to go back, to make up the remaining hours needed for the transition- does that make sense? I know I'm not explaining very well, sorry!
OP posts:
rooarsome · 22/07/2021 20:04

@Jailbreak42

What sort of maternity pay did you receive? If you have received enhanced maternity pay (ie more than statutory maternity pay), this usually comes with conditions that you will return to work after your maternity leave for a certain number of weeks/months. If you want to leave before that time, you usually need to pay back the enhanced maternity pay your received.
Hi, fortunately that isn't an issue as I'm remaining with the NHS- it doesn't necessarily have to be within the same trust Smile
OP posts:
NavigatingAdolescence · 22/07/2021 20:07

All mat leave accrues leave by law. .

NavigatingAdolescence · 22/07/2021 20:08

You won’t be able to carry excess leave to a new NHS employer so if you don’t want to lose it you’ll have to use it when you would have been on SMP/taking unpaid leave.

confuseddotcomma · 22/07/2021 20:13

Yes, all maternity leave, both paid and unpaid, accrues annUAL leave

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