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Unpaid days in work whilst on mat leave?

12 replies

orangetea1 · 02/03/2023 09:28

I'm due to come off mat leave in June. I left the company but have been offered a good role to go back. So I've taken it but I feel my boss is just taking the mick out of me now. She said she wants me to come in to do some days to get settled back in.. I'm not currently on a contract so these would be voluntary but she's kind of making them compulsory. I haven't got anyone to look after my baby whilst I do these days (1 a week till I go back?!). But she's kind of forcing me into doing them. It's causing me a great deal of worry as i tell her I can't and she keeps bringing it up. She contacts me weekly on my mat leave which is also ruining it a bit!!!

It's an office based job, that I did for 2 years before going off in mat leave. So I know exactly what it entails. I feel like she's taking advantage of me. What do I say?! There's no way I can do the days as I can't afford nursery until I go back!
Help... I know I need to be stern but she isn't taking no for an answer, surely is isn't moral and or legal to expect a full time mum on mat leave to do free days before her start date?!

OP posts:
dementedpixie · 02/03/2023 09:46

You can mutually arrange up to 10 KIT days while on leave but you'd get paid for them. It's out of order for her to harass you if you've already said you can't do the unpaid days she wants you to do.

LIZS · 02/03/2023 09:49

If you left why are you feeling obliged to go back? KIT days are paid but more than that affects smp,

feelinglikeanewparent · 02/03/2023 10:00

She's out of order. But you're not being firm enough.

Tell her no. And stop answering her calls.

Brazilianadventure · 02/03/2023 10:08

I appreciate you need to be diplomatic but it is unlawful as she has to pay at least NMW. www.gov.uk/national-minimum-wage/who-gets-the-minimum-wage

Try asking her to employ you on one day a week until (date) and then in June increase to your agreed hours. Remind her that you are entitled to NMW.

Mariposa26 · 02/03/2023 10:22

as per the above she’d need to pay you at least minimum wage if she’s expecting you to work. KIT days wouldn’t be relevant here if you’re not currently employed by them during your leave. Is this really the sort of company you want to go back to when she’s already pressuring you to work unpaid?!

dementedpixie · 02/03/2023 10:23

But if she starts working she'd lose her maternity pay.

Yoyooo · 02/03/2023 10:25

Are you currently on maternity pay? I don't understand you saying you don't work for the company currently?

blueskylie · 02/03/2023 10:30

How can she 'kind of make compulsory' working for free when you're on maternity leave?

I did some KIT days, which were paid. Does she mean those? KIT days are. It compulsory either - it's an option if both parties want it. If you don't want to start work before Mat leave ends, just tell her no.

Orangeis · 02/03/2023 10:32

You're not employed by them at the moment is that correct?
Tell her you'll be available to work once your employment commences in June and not before. This really is on you to speak up, no one can make you work for free.

soleilblue · 02/03/2023 10:34

Absolutely not OK.

You can do mutually agreed Keeping in touch days. For which you must be paid.

orangetea1 · 02/03/2023 10:58

Sorry, I haven't explained properly! So basically I was on a fixed term contract, so still got maternity pay. My contract ended and although I'm still getting SMP I didn't have a new contract to go back to. I was okay with this as was thinking of retraining anyway.

She's not said it's compulsory but just hasn't really given me a choice even though I've told her no. Says things like when so and so came back she did the same etc.. as if to make it the norm. I did say would it be a KIT day and she said no would be voluntary but for my own benefit?

Tbh I think I'll just leave the whole thing. She seems to be bending and breaking rules left right and centre and it's making me remember why I didn't want to go back!'

Thanks everyone

OP posts:
Whataretheodds · 02/03/2023 11:01

So write up a quote for the days you'd go back in, and you cab invoice her for those?

If you want to do them otherwise as PP says, say you're available from x date

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