Leaving job after maternity leave

[Junebughustle]

I have a senior role in a charity in a city about 1 hour away from my home city. I've written here about this job before - I feel constantly stressed, out of my depth and there's just no support.

I'm expecting my first baby and should be on maternity leave in early November. It's been quite stressful- I have stress dreams about work which I wake from around 4 in the morning and then can't sleep because I'm so stressed. I feel I can't take sick leave because I'll be leaving my young team in a vulnerable position.

I also can't negotiate to make my role a part time one. I think the best course of action is to find a part time role in my home city. My workplace policy states that I will need to pay back my enhanced maternity pay if I return for less than 3 months. If my notice period is 3 months, can I hand in my notice on my first day back?

I understand this is ethically not great, and I feel awful about it.

You’ll need to check the precise wording in your contract.

The wording is 'The enhanced portion of your maternity pay is arranged on the understanding that you return to work for a minimum of 3 months following your return from maternity leave. If this is not possible, we will recalculate your maternity pay and claim back the non-statutory portion.'

I'd say if you can work your notice, this would count as the three months.

I would maybe resign on your second day back so you'd have returned for over 3 months. Plus I think the stress for you preparing for your first day back if you're also planning to resign the same day might be difficult to manage.

I'm not sure that ethics have anything to do with this scenario. You're perfectly within your rights to give notice in accordance with your contract. If they wanted to dismiss you they'd be making their own calculations about how to coordinate that around your maternity protection.

You will accrue annual leave and bank holidays whilst you are on maternity leave so could you potentially use this as part of your notice period?

When I returned from my last maternity leave, I booked 5 weeks of owed annual leave starting from my first official day back, so I was technically back at work but was actually on holiday so didn’t work. You may be able to use annual leave so you don’t have to work the entire 3 months or at least book a couple of days off each week so you only go in part time through your notice period.

I have heard of some employers writing off the maternity pay owed back if you forfeit the annual leave you’re owed (ensuring you don’t end up worse off!) - you might be able to negotiate with them.

Thank you! Lots to consider :)

I wouldn't on your first day back, that's really poor form. If you must then resign after a month