Retuning from Mat leave dilemma

[Overthebs]

I work for an nhs trust.. and I went on Mat leave mid aug 23’ so due to ‘return’ 52 weeks mid Aug.
Ive since accepted a role with the same nhs trust but different team and area. So I’ve agreed to commence with them after my final Stat Mat pay (End of May). Which means I’d be returning early.
Anyway my dilemma is I’ve handed my notice in for after end of may (8 weeks) and HR are on about ‘need to take the accrued AL before starting in new role and having to return from Mat leave before that leave can be taken’..

But wouldn’t this affect my pay? Like if I returned now 1. I’d have to go back to work for 8 weeks and 2. I then wouldn’t get my Stat Mat which im entitled to? Has anyone got any experience of this? Or work in NHS HR?

Why can’t I just do my notice on my mat leave and then either take leave for like 2/3 weeks then start my new role? Or just ‘leave’ and be paid out my AL like any other ending to a job? Something doesn’t sound right to me with it.

Can you ask them to put that in writing with links to the relevant parts of your contract so that you can seek advice from your union/legal advice. Sometimes that will push them to find a workaround, if there's no workaround then get some advice about what they can force you to do. My expectation is that if you're in the same trust then it's continuous employment, but the NHS can be an unnecessarily bureaucratic. Worst come to worst just start your new job on the date you've agreed and they can work out the holiday stuff afterwards.

Thanks, it does seem like a very grey area, as they’re instructing me to ‘take the leave’ whereby they’d have to simply pay me out if I was leaving the trust altogether, but as it’s continuous they can’t do that. But.. I’m sure I’ve got maternity rights and I’m also sure when you can’t take the leave for one reason or another they have to pay it out.

I’ll definitely still start my new post- but as it’s the same HR can they stop me doing so because of these issues?