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Not returning after maternity leave - pay

53 replies

lookingatlife · 12/05/2024 08:43

I have decided not to return to my job after mat leave. I want to avoid paying back the occupational mat pay though, so I need to return for 4 weeks. I've now moved abroad for my husband's job and it's a pain to come back for those 4 weeks. Is there any way around this? I've thought about getting signed off sick but want to avoid this if I can.

Thanks to anyone who can think outside the box on how to get around this.

OP posts:
MortifiedStill · 12/05/2024 21:35

Another One trying to work the system

bzarda · 12/05/2024 21:50

I'm a (ex) teacher and now SAHM, and I didn't have to return to work the 13 weeks or pay any money back. I met the head and wrote as well explaining my change in circumstances and they waived the notice period and financial penalty. I gave them a lot of notice though so I would try to sort it out as soon as possible.

Alwaysalwayscold · 12/05/2024 21:51

You can't have your cake and eat it too.

PinkFrogss · 12/05/2024 22:40

DaisyHaites · 12/05/2024 21:01

Assuming your notice is 4 weeks, could you let them know you’ll be coming back and will be handing your notice in on the first day back, and that you’d be willing to forego any payment in lieu of notice or paid notice period if they let you leave and keep the maternity pay?

But that would just be in double OPs favour. If she left without giving notice she wouldn’t be paid PILON. Would be double cheeky on OPs part Confused

DaisyHaites · 13/05/2024 11:13

PinkFrogss · 12/05/2024 22:40

But that would just be in double OPs favour. If she left without giving notice she wouldn’t be paid PILON. Would be double cheeky on OPs part Confused

Yes but I’m not sure I’d want to pay an employee coming back for just 4 weeks. By the time they’re back upto speed after maternity, they’ll be at the end of their notice period, so it seems like a waste to everyone to make OP come back to work.

But my work says you have to come back for 6 months or repay maternity pay which means this isn’t a dilemma for us.

TallulahBetty · 13/05/2024 12:04

Are you sure it would only be 4 weeks you'd have to return for? That seems very short. Why not just pay it back, and not have to go back at all

lookingatlife · 13/05/2024 12:52

It's longer, but taking into account half term and summer holidays, the actual number of working weeks would be 4 weeks.

OP posts:
lookingatlife · 13/05/2024 12:53

Yes, I'll just pay it back. Is taking unpaid leave for 4 weeks an option does anyone know? It's more the fact I'll need to come back to the U.K. for a month which is a real hassle.

OP posts:
PinkFrogss · 13/05/2024 13:13

What is your notice period? If you’re talking about this Summer do you even have time to hand in your notice at this stage?

If next, I’m assuming you’ve only just gone on maternity - in which case contact them and ask to suspend OMP now.

carstare · 13/05/2024 13:30

www.gov.uk/parental-leave/entitlement

You can ask for unpaid parental leave but they don't have to agree

crumbpet · 13/05/2024 15:33

lookingatlife · 13/05/2024 12:53

Yes, I'll just pay it back. Is taking unpaid leave for 4 weeks an option does anyone know? It's more the fact I'll need to come back to the U.K. for a month which is a real hassle.

Ask them for un paid parental leave but they can say no.

Hoppinggreen · 13/05/2024 15:38

lookingatlife · 13/05/2024 12:52

It's longer, but taking into account half term and summer holidays, the actual number of working weeks would be 4 weeks.

So you want to be employed but not actually be in the country?
I appreciate that teaching is stressful and its not a job I could do for far more money than teachers get but I do think you are taking the piss a bit OP.
If you do explain the situation in full to your Head or whoever you risk losing even more because you aren't actually able to work there at all any more and surely you should have given notice or something (I know schools a re a bit different to other employers)

LIZS · 13/05/2024 15:41

carstare · 13/05/2024 13:30

www.gov.uk/parental-leave/entitlement

You can ask for unpaid parental leave but they don't have to agree

Doubt that applies which not resident in UK

crumbpet · 13/05/2024 16:22

LIZS · 13/05/2024 15:41

Doubt that applies which not resident in UK

Good point

Harassedevictee · 13/05/2024 17:01

@lookingatlife The main options are:

  • using annual leave
  • working very part time
  • possibly unpaid parental leave
  • working the four weeks.

You are quite fortunate in how it’s fallen, if 9 weeks fall in the school holidays. If I understand it correctly this means you would be paid 13 weeks but only work 4. For 25% of my annual salary plus not repaying OMP I would put up with the hassle for four weeks.

Could you negotiate part time e.g. Monday to Wednesday so you have a four day weekend to fly home?

Contact your HR or Head Teacher asap and have an honest discussion.

If you do decide to repay then you can negotiate on the monthly amount as you may not have to repay as a lump sum.

helpfulperson · 13/05/2024 17:28

When did you move abroad? Of course you can't claim UK benefits unless you are a UK resident. You should have been claiming from the country you live in.

helpfulperson · 13/05/2024 17:28

Did you think your employers would pay you sick pay for those 4 weeks?

Growlybear83 · 13/05/2024 17:32

If you're employed in a state school, surely you can't now leave until the end of the summer term anyway? I thought the resignation deadline was 31 May.

NerrSnerr · 13/05/2024 17:38

Have you spoken to your headteacher about it? I'm assuming they know you've moved abroad u less you've kept it a massive secret?

Shinyandnew1 · 13/05/2024 17:39

lookingatlife · 13/05/2024 12:52

It's longer, but taking into account half term and summer holidays, the actual number of working weeks would be 4 weeks.

How does that work? There’s more than 4 weeks between either the May half term and the summer holidays or the summer holidays and October half term.

eg
6 summer holiday (half of July and August)
4 term time
1 week October/November half term

that’s only 11 weeks

What about the other two weeks of the term?

TheBottomsOfMyTrousersAreRolled · 13/05/2024 17:49

Growlybear83 · 13/05/2024 17:32

If you're employed in a state school, surely you can't now leave until the end of the summer term anyway? I thought the resignation deadline was 31 May.

She knows this. She is trying to avoid coming back at all, despite handing notice on to finish on the 31st of august.

a pp said part time. If you are part time you have to work more weeks.

Shinyandnew1 · 13/05/2024 17:54

Shinyandnew1 · 13/05/2024 17:39

How does that work? There’s more than 4 weeks between either the May half term and the summer holidays or the summer holidays and October half term.

eg
6 summer holiday (half of July and August)
4 term time
1 week October/November half term

that’s only 11 weeks

What about the other two weeks of the term?

And usually the (half) terms either side of the summer holidays are 7/8 weeks long!

I can’t calculate how this will possibly only be 4 weeks teaching time??

TheBottomsOfMyTrousersAreRolled · 13/05/2024 17:58

Shinyandnew1 · 13/05/2024 17:54

And usually the (half) terms either side of the summer holidays are 7/8 weeks long!

I can’t calculate how this will possibly only be 4 weeks teaching time??

Youve forgot the may half term. That is either one week or two depending where you are

Shinyandnew1 · 13/05/2024 18:07

TheBottomsOfMyTrousersAreRolled · 13/05/2024 17:58

Youve forgot the may half term. That is either one week or two depending where you are

I haven’t. I just don’t see how with May half term (this isn’t often 2 weeks, due to exams, even if it is 2), there will be only 4 weeks (which the OP says she has to teach for) until the summer holidays.

There is often 6-7.5 weeks teaching time in June/July-not 4.

lookingatlife · 14/05/2024 14:21

It's an independent school so holidays start end of June.

OP posts:
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