Maternity leave

[Mumto2BoyandGirl]

Hi, I am due to go back to work in November, but my SMP is due to finish June/July time. So once that does end, does that mean I will be unemployed with my current employer please?

I’m not too sure if I want to return in November having both kids, and my eldest starting school the following year, I wanted more time with him. But I was thinking of going back to my evening cleaning job that allows me to be home in the day and earn. But need to make sure I won’t be employed by 2 companies and doing anything wrong.

Would I need to tell my current employer I do not want to return in order for me to do the evening job?

No, your SMP ending doesn’t end your employment. You’ll need to give notice in line with your contract; and if you had any enhanced maternity pay, you may have to pay some back if that’s a contract term for you.

What is the time between June and November currently organised as, holiday or unpaid leave?

Ok I will let my employer know. Thank you!

I didn’t receive any enhanced pay, and from the date my SMP finishes it will be unpaid leave.

You continue to accrue holiday pay though, so it is worth it not to give notice until just before you are due to go back. You also may change your mind - lots of things can happen between now and then.

I’m not very good with all this and what I’m entitled to. Will I get the same holiday as what I did before mat leave and can I request to be paid that after SMP finishes? My holiday is Jan - Jan and due to go back Nov so I won’t need holiday in the end months

Did you take all your leave before going on mat leave because you can carry it over? Do not forget your BH entitlement! I ended up taking a months leave before returning and worked a part week for a long time due to how much leave I had

Yes, you'll get the same holiday entitlement a when you were working and you're not allowed to be paid it while you're on Mat Leave. Women sometimes use their holiday to extend their mat leave, or just take longer mat leave than they would have otherwise.

So, in your case, you could ask to be on holiday for the 28 days (or whatever you get - 5.6 weeks is the legal minimum) as soon as you SMP runs out, then hand in your notice, or just hand in your notice so your employment ends when your SMP ends, then you'd get the holiday as a lump sum payment (that would be subject to tax & ni deductions).

You have a few options, so don't do anything hasty. You could speak to Acas if you want more tailored advice.

Yes so I went on mat leave Oct 2024 and used up my holiday for that yeah!

Thank you so much. 😊