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Original poster

can i choose to not return after my mat leave

25 replies

lucynlp · 27/12/2023 11:46

hello.

i'm due in maternity leave on the 8th of january until the 5th of january 2025.

i have told my manager in my maternity form that i intend to return to work after my MAT leave is up.

am i able to change my mind and
not return back to work when im due back.

OP posts:

WonderingWanda · 27/12/2023 11:48

You are but you might have to repay additional mat pay beyond statutory depending on the terms of your contract. Public sector you usually have to pay it back.

dullandgrey · 27/12/2023 11:49

Yes, you can change your mind as long as you give the correct amount of notice as stated in your contract. If you get enhanced maternity pay, you may need pay it back but check your contract for your specific situation.

thatwassociopathic · 27/12/2023 11:49

You might be able to have a one year career break. I'd recommend this and it would give you more time to decide what to do long term. It's a big deal giving up your job altogether, wish I hadn't.

CeeChynaa · 27/12/2023 11:51

Of course you can change your mind.

I took two maternity leaves back to back (didn’t go back at all as the children have 11 months apart). Took my accrued annual leave which was 66 days or something like that and left. Didn’t have to pay a penny back as it was all smp.

Like pp have said, if you receive enhanced mat pay then you either have to go back to work for a little while or pay it back. Check the policies before you make a decision

Original poster

lucynlp · 27/12/2023 11:54

@WonderingWanda i will be on maternity allowance since i have been off sick (on ssp) since i was 12ish weeks. does this still matter?

OP posts:

pavementmutation · 27/12/2023 11:55

Yes, you are always free to give notice and resign in line with your contract.

As pp say you may have to repay any enhanced maternity pay if you resign.

dementedpixie · 27/12/2023 11:56

Think its 8 weeks notice to change your return date so keep your options open until closer to your original return date. You may or may not change your mind so don't do anything right now

Original poster

lucynlp · 27/12/2023 11:56

@CeeChynaa thank you! there is no mention of enhanced maternity pay in my maternity policy, so i'm assuming there isn't any for my type of work

OP posts:

dementedpixie · 27/12/2023 11:58

If you're only getting maternity allowance then you won't have anything to pay back. Just give the required notice. Do you have a particular notice period for resignation? I suppose it may differ to the notice for changing a return date

PracticalPatricia · 27/12/2023 11:59

Since there is no enhanced pay, it's fine.

Some companies will ask for the pay back if you don't return for 6 months (or whatever). My company didn't though. We got enhanced pay and could still leave if we wanted.

Since you've just been on statutory pay, you don't have anything to pay back.

googledidnthelp · 27/12/2023 12:04

Do you already know you won't return? Or undecided?
If you're already on statutory pay it won't last beyond 9 months I think and you can get that without employment so long as your entitled to it, which you obviously are.
If you know they just resign so they can fill your position and you can relax and not worry about it for the next year.

Original poster

lucynlp · 27/12/2023 12:08

@googledidnthelp would it have been easier for me to have put on my maternity leave form that i do not intend to return to work?

OP posts:

TookTheBook · 27/12/2023 12:11

Definitely do not tell them until you have to.

dementedpixie · 27/12/2023 12:11

I wouldn't resign right now. While you are on maternity leave you will accrue holiday pay. I'd leave it until closer to your return date and then resign so you get your holiday pay too.

Original poster

lucynlp · 27/12/2023 12:15

@dementedpixie my notice period will be 4 weeks, when would be the best time to to tell them. the only reason i am not wanting to return is childcare and my work is quite far away since i have moved while being on sick leave. (i don't drive)

i would much prefer not going back into work to work that notice period.

sorry i do not understand much as this is my first proper job and im 19, stressed with my toddler and a rough pregnancy.

OP posts:

pavementmutation · 27/12/2023 12:17

If your notice period is 4 weeks, then you resign 4 weeks before your return date.

Things might be different by then. Wait and see.

CeeChynaa · 27/12/2023 12:19

That’s all good then! If you’re only getting maternity allowance or SMP then there’s nothing to give back.

I gave in my notice right at the last minute aa I accrued annual leave during my time on maternity leave. It also makes your employment history look slightly longer on your CV😆 I’d give in my notice at the end of maternity leave before I was due back but that’s just me. I’m sure I seem like a bitch

LIZS · 27/12/2023 12:35

You just have to give them your notice period before your latest return date. As you are only ma there would not be anything to repay and they would owe you for any accrued leave.

IbizaToTheNorfolkBroads · 27/12/2023 12:38

You don't actually have to confirm your return date until 8 weeks before you go out. You can also chose not to go back, but may be required to repay some of your maternity pay.

Sisterpita · 27/12/2023 12:38

If your mat leave is due to end on 5th January 2025 and your notice period is 4 weeks - give notice on Friday 6th December 2024.

WonderingWanda · 27/12/2023 12:42

I think leave it as late as possible to see how you feel. I thought I wouldn't want to go back and when it came to it I did but also requested to go part time.

dementedpixie · 27/12/2023 12:56

IbizaToTheNorfolkBroads · 27/12/2023 12:38

You don't actually have to confirm your return date until 8 weeks before you go out. You can also chose not to go back, but may be required to repay some of your maternity pay.

OP only gets MA so will have nothing to pay back. Their employer should assume they are taking a full year and OP can give 8 weeks notice if she wants to return earlier than that or 4 weeks notice to resign (if that's what her policy states)

MissBuffyAnneSummers · 27/12/2023 13:08

lucynlp · 27/12/2023 11:54

@WonderingWanda i will be on maternity allowance since i have been off sick (on ssp) since i was 12ish weeks. does this still matter?

As you are not receiving enhanced maternity allowance there will be nothing to pay back.

You can resign giving your normal notice period at any time.

You are still accruing annual leave so you will be better off leaving resigning as late as possible.

so if your notice period is 4 weeks then resign 4 weeks before the end of your mat leave.

you will then be entitled to be paid for all your annual leave.

SecondUsername4me · 02/01/2024 12:08

OP are you married? No job, no pension contributions and no claim on the kids dads pensions puts you in a vulnerable spot if not married.

Quackidy · 04/01/2024 11:58

@SecondUsername4me no i'm not, im 19 and this is my second pregnancy which wasn't expected as i had just started working and was planning on going full time when first born was in nursery.

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