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Original poster

Returning to work - NHS maternity leave

17 replies

sophiemorris · 26/10/2023 17:08

Hello all!

I work for the NHS and am currently on mat leave, due to return to work in March.
My circumstances have changed and following my 2 months of AL (accrued on mat leave) i won't be able to return to work due to chilcare issues.

I was made aware of parental leave.

Did anyone take parental leave straight after maternity leave (be either before taking any accrued annual leave or after taking annual leave) and does that count for the 3 months we are required to go back to NHS after mat leave?

Thank you!!

OP posts:

FLOWER1982 · 26/10/2023 17:13

Do you have childcare sorted for a date when you can return? When I worked for nhs I had to return for 3 months otherwise you have to pay back the enhanced maternity pay and I would imagine the annual leave you’ve been paid. Not sure you could go straight from mat leave to parental leave without working in between ? Have you spoken to your manager?

NerrSnerr · 26/10/2023 17:17

Surely you have time between now and march to sort childcare? Is it a 9-5 post or shifts? What working pattern does the baby's dad do?

What are the issues with childcare?

Callmemummynotmaaa · 26/10/2023 17:23

OP I’m sorry that sounds difficult. My understanding is annual leave counts but parental leave does not. Parental leave can extend maternity leave but you’d be expected to return after it. If you cannot work the 3 months (minus your annual leave?), then you may be asked to repay occupational maternity pay. Also, keep in mind your notice period still applies too (I’ve had friends caught out with this one!).

I do know a colleague that had exceptional circumstances and was unable to return (baby had high care needs) and was able to negotiate a different package. But occupational health were involved and to be fair to her, childcare was inaccessible (rather than unwanted/unaffordable) due to their circumstances. So I was glad to see the system respond. But it’s unusual and the NHS does tend to ask people to replay.

cultureplanet · 26/10/2023 17:24

March? march as in 5 months away?

Callmemummynotmaaa · 26/10/2023 17:24

Also just checking but are you aware that the ‘return to work’ is to NHS work in general, so doesn’t have to be at the same grade or to the same post?

Seagrassbasket · 26/10/2023 17:26

Your annual leave counts as part of the three months I think. So you’d only have to find childcare for the remaining time.

But as a PP said be careful about notice periods

Jethia · 26/10/2023 17:37

I'm pretty sure you can't use parental leave because you actually have to return to work, but you can use accrued AL as part of this.

As PP has said are you aware it's return to NHS in any post? Have you spoken to your manager or senior manager to see if there's any shifts available which you could do for a few weeks when you may have someone to look after your baby so you don't have to pay the money back?

HunterHearstHelmsley · 26/10/2023 20:00

Have you tried a flexible working request for the hours you're able to cover?

kweeble · 26/10/2023 20:06

You can take your annual leave as part of the 3 months return period - you need to return so you don’t have to repay them.
it really should be possible to get a flexible return to work agreed - giving up your career, pay and pension seems risky. You may change your mind as your baby grows into a toddler.

michaelmasdaisies · 26/10/2023 20:28

I looked into this although didn't end up needing to do it. Yes I'm fairly sure you can use parental leave in this way. You can use 4 weeks a year, and they can't refuse, and although they could technically delay it, it would be hard to argue that it would be better for the organisation for you to take it after returning to work vs straight after your leave before you're actually back. Sorry I don't know for definite, but from all my research I can't see why you can't do this and combined with annual leave you then wouldn't have to pay back occupational maternity pay. Good luck!

tashadae27 · 20/12/2023 20:57

Hi all I'm following this post because I'm also in a predicament and unsure what I need to do.
Basically I'm on mat leave in the NHS until 27th April, I was given 2 weeks annual leave to take in May after mat leave. I am moving away and so will be getting a new job in an NHS trust different to the one I currently work at. I'm unsure when to give my notice to start? I'm hoping to get a new job and start within the 3 months of my maternity leave ending (so in total within the 15 months of my mat leave starting) as per maternity leave policy.
HR can't help me as they don't know when I should have my resignation letter dated to start my notice (as I won't be returning to work notice period) does mat leave count as notice period? Help please I'm so confused!

Thanks xx

michaelmasdaisies · 23/12/2023 17:06

You don't have to give usual notice if you don't return after mat leave, BUT you might have a clawback clause if you don't return. If you can instead use leave to cover the clawback period you would give notice in the usual way.

Bundee · 08/01/2024 19:13

Hey! Has this planned out for anyone? My understanding is that annual / parental leave would count as an official 'return to work' and this if booked before going on mat leave, would count as the 3 month return to work period (so that OMP wouldn't have to be repaid). Has anyone had any luck getting this confirmed by their board?

Unicorns17 · 07/07/2024 22:31

Hey, NHS employee here. Due to return to work Tuesday, simple I don’t want to return atall. But I dont want to pay back maternity pay lol. How do I work my way around this? Go off on sick? How would I hand my notice in? Really hope someone can help me!

Unicorns17 · 07/07/2024 22:32

NerrSnerr · 08/07/2024 07:50

@Unicorns17 you have to at least work the three months or you'll need to pay the maternity leave back (you could take accrued annual leave in this time).

I'd go back and do the time and it'll highlight whether you're 100% sure you don't want to work, I dreaded going back after maternity leave but it wasn't bad once I had got back into work.

SP95 · 26/11/2024 00:43

Hi. I'm due to return to work for NHS next year April. I'm taking a year off mat leave. I want to tag along my annual leave so have a month off if allowed, so I would be returning in May. When I return am I allowed to reduce my hours i.e go part time?. I will struggle going back to work FT. Both myself and husband work for NHS doing shift work at different trust. Does anyone have any idea or have been in same situation?

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