Not returning after maternity?!

HunkieDorie · 2023-01-05T11:29:20+00:00

I am really hoping someone can help me with this. If I am not wishing to return to my job after my maternity leave, how many months notice do I have to give them and if I decide not to go back do I owe them any of my maternity pay? I work for quite a corporate company so it's very likely they would follow me up on anything I owe them and I don't want to be in this position!

LIZS · 05/01/2023 11:35

You give them the usual contractual notice period. SMP is not repayable but any occupational pay on top may be if it is conditional on returning to work for a minimum period.

Winterfellismyhome · 05/01/2023 11:35

Your best bet is to ask HR

redskydelight · 05/01/2023 11:35

You need to give your normal notice period as specified in your contract. If you resign during maternity leave, you can remain on maternity leave and not go back. Or you can use annual leave to cover your notice period (if you have enough).

If you've just received SMP you won't have to pay it back. If your company has given you additional maternity pay beyond this, you may have to pay it back but this will be specified within your company policies.

MaverickGooseGoose · 05/01/2023 11:37

What does it say about enhanced maternity in your maternity policy? If you don't have it ask HR for a copy.

Original poster

HunkieDorie · 05/01/2023 11:37

Thanks everyone! My notice period is 4 weeks. I had work maternity scheme for the first 3 months (16 weeks). So I suppose it would be those 16 weeks I would owe back if I didn't give them 4 weeks notice?

OP posts:

Twizbe · 05/01/2023 11:38

Did you get any enhanced maternity pay? If you only got SMP you won't have to pay it back. If you had enhanced pay, they should have told you before you leave if there is any pay back clause. Often it you have to rerun for 3 months. My company didn't have that clause.

As for notice, it's your contractual notice you have to give. You earn holiday over your maternity leave so don't resign until the very last moment. That way you get paid a full years holiday in your last pay.

I didn't return from my second maternity leave.

Twizbe · 05/01/2023 11:39

HunkieDorie · 05/01/2023 11:37

Thanks everyone! My notice period is 4 weeks. I had work maternity scheme for the first 3 months (16 weeks). So I suppose it would be those 16 weeks I would owe back if I didn't give them 4 weeks notice?

If you have to pay anything back it's just the enhancement.

The enhancement will be the difference between SMP and the pay you receive. That difference is what you pay back.

dementedpixie · 05/01/2023 11:40

HunkieDorie · 05/01/2023 11:37

Thanks everyone! My notice period is 4 weeks. I had work maternity scheme for the first 3 months (16 weeks). So I suppose it would be those 16 weeks I would owe back if I didn't give them 4 weeks notice?

You need to check whether there is a clause to say you need to return to work for a certain amount of time in order to keep your enhanced pay.

If you are supposed to return to work then you may need to pay back your enhanced pay even when giving thr correct notice

LIZS · 05/01/2023 11:41

Not necessarily, they are separate issues. You give 4 weeks' notice that you are resigning. Unless you plan to take another job in that period it is a formality. The 16 weeks omp may be repayable if you have to physically return to work to retain it, but any smp element is kept. Did you get any statement of mp before you went on ml, any conditions should be stated or in your company handbook.

1Wanda1 · 05/01/2023 11:57

Whether or not you have to pay back any enhanced maternity pay will be specified in your employer's maternity leave policy and/or your contract of employment. You need to look at those, or ask your HR team; strangers on the internet can't tell you.

Kindofcrunchy · 05/01/2023 12:04

@HunkieDorie i am also considering not going back to my job after maternity leave. If they've given you a written contract at any point, check that through thoroughly. Not sure how I'm even going to go about resigning from mine - there's no HR dept at my work..

Dogsandbabies · 05/01/2023 12:09

HunkieDorie · 05/01/2023 11:37

Thanks everyone! My notice period is 4 weeks. I had work maternity scheme for the first 3 months (16 weeks). So I suppose it would be those 16 weeks I would owe back if I didn't give them 4 weeks notice?

That's not quite right. Some enhanced maternity schemes require you to go back for a certain period or you will need to pay back the enhanced element. Better off to check the HR manual of your specific workplace. No one here can answer your question with certainty.

ym10146 · 05/01/2023 12:11

as some other posters have said, you should only have to re-pay any additional Mat pay if it states this in your contract. Some companies state a specific period of time you must return for, say 6 months or something in order not to repay it, but if this is not mentioned in your contract, you should be fine.

if you have more than 4 weeks left of your maternity leave, or have enough holiday, then you won’t need to return at all. It’s only if you are due to return in less than 4 weeks and have already used any accumulated holiday that you may need to work. I am not sure of the option in this case. But I found out the above from my recent experience.

good luck

Sarahsupasaint · 31/01/2024 11:43

Hello just jumped in here as I am considering not returning after second baby who was born in July. How did your employer take it? I work for a small business and communication has been really bad when I’ve tried to touch base so I think now is a good time to leave, also because my first born is going to school next year and will need to find a term time only job. Thank you!