Maternity Leave and not returning to same employer

[Gandalf112]

Hi,

I'm due to go on maternity leave shortly but have another job offer which I plan to defer until after my maternity leave.

Do I tell my current employer before I go on maternity leave? I do not have a contract with my current employer and have been there 10yrs.

If I don't tell them I will receive employee maternity pay on top of SMP. I know a contract can state this must be repaid but as I don't have one then what should I do?

I am happy with just SMP but I also don't want to tell them too early as the new start date is over 9 months away and that's a long time. But if I don't tell them I get all my maternity pay and would feel guilty.

Cheers

You have a contract even if you don't have it on paper.

How do you know you are entitled to enhanced maternity pay?

When you go on ml you receive a letter detailing what mp you will receive and any conditions of repaying omp.

Personally I would delay and give notice during your mat leave. You have earned the enhanced pay through 10 years service but I doubt they’ll see it that way and I think there’s a risk you won’t get it. I would just give them whatever notice you need to. Appreciate there is no contract but how long do people normally give for notice when they resign/what is the norm in your industry?

There is also a chance that the new job might fall away while you’re on mat leave so giving notice now leaves you a bit exposed.

Only issue I can see is will the new employer ask for references now if you accept the job now and defer until after your maternity leave?

I would give notice towards to the end of your mat leave

I would agree with PPs saying not to give notice until well through your maternity leave

If you don't have a contract, how do you know that you'll get any occupational maternity pay?

Given that the other offer could be withdrawn I wouldn’t be doing anything until I had to

I've received it twice before and both times it's been an informal email. The company instruct their accountants what to pay. No terms and conditions attached.

The new employer will not ask for references. It's a move from the private to public sector. I've just cleared the final security/criminal checks.

Tell them closer to the start date, you accrue annual leave while off and would get this paid up to your final employment date.

I would defo wait until you are further into your ML then.

It doesn’t matter if you have paper contract

after 10 years your have to pay it back if what’s their policy

my company make you come back for 3 months or you pay the extra back

You might be asked to pay your enhanced pay back if you leave - can you afford to put it in a high interest account and not use it? Then if you are asked to pay it back you can do so?

I had been planning to do without it so that is an option I'm considering.

@Gandalf112 wait until you are required to give notice. Ideally work out how much leave you will accrue and add this to your mat leave. Work back from the end of leave date and give relevant notice.

Put the occupational mat pay in a high interest account, during your unpaid 3 months do your 10 KIT days - spread them out to maximise tax rebate.

Cheers folks. Is there a small chance my current employer won't make me pay it back?

I'm not deferring for the occupational Maternity pay but I'm due to go off soon anyway and plus it would guarantee me my SMP.

Almost guaranteed they will ask for it back. You may not have a written contract but after 10 years you have a contract be it verbal. Don’t spend it!

They absolutely cannot ask for it back unless you are told that returning is a condition of receiving it. If you jus get an email saying ‘your maternity pay is £X’, that’s your mat pay, no conditions apply.

Definitely wait to resign. You have earned the pay, and the holiday you will accrue on leave. And as PP says, you can’t be 100% sure the new job will actually start at this stage.

Thanks everyone.

Have done this. Did not have to pay back mat pay (but I did check with HR beforehand, buried in a load of other questions so as not to arouse suspicion).

In terms of the cost to your current employer, it's no different than if you decided to become a SAHM, which loads of people do without paying back maternity pay. Don't feel guilty because you happen to be going to another job. People leave jobs all the time for all sorts of reasons. It's not personal and you don't owe your employer anything extra because they've "let" you take mat leave.