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Original poster

Notice period when on maternity leave??

15 replies

cloudydaze · 19/07/2008 20:54

Hi,
Hopefully someone can help me. I am currently on maternity leave (from a f/t position) & am considering not returning to work. I have checked the company maternity contract & it doesn't state you have to return any maternity pay (this is on top of SMP) paid out and it says that they assume you will return to work, it does not say you have to return. What I want to know is if I choose to resign how much notice do I legally have to give them? My normal notice period is 3 months, do I have to give that or can I just give them 1 month's notice? Also can I, before resigning, request my holiday pay (which would be 4 wks owing by the end of my maternity leave) first & then resign? Does anyone know?? Thank you!

OP posts:
ShowOfHands · 19/07/2008 20:57

You have to give your normal notice period and they are obliged to give you any outstanding holiday pay.

Did you sign something re OMP before you left for mat leave? I had to sign saying I would return to work or return the money.

LackaDAISYcal · 19/07/2008 20:59

afaik you have to give the same notice period as stated in your contract...so it would be the three months I'm afraid. but, you will have accrued annual leave whilst on holiday so if you take this at the end of your leave, can you use this towards your notice period.

As for returning to work, your company have to assume that you are taking your full 52 weeks leave entitlement unless you tell them otherwise.

More Info Here

giddykipper · 19/07/2008 20:59

I was in the same position and I gave my normal notice period (3 months). I don't know for certain whether I had to, it just seemed the safest option. I forgot to ask about holiday pay but they gave it me anyway in my last pay packet.

flowerybeanbag · 19/07/2008 21:29

You do have to give your normal notice period, and no need to specifically request your holiday pay, you should get paid any holiday you have accrued during your maternity leave and not taken at the end of your employment - obviously if you don't then chase it up, but there's no need to specifically request it.

Original poster
cloudydaze · 19/07/2008 22:06

Thank you all for responding. No, I am pretty sure (though not 100%) that I don't have to return the maternity pay & I do know that the maternity contract just says that they assume you will return, no mention of having to pay the money back if you don't return. Out of interest what would happen if I gave them less than the three month's notice, does anyone know? Could I just include my holiday leave period & if necessary say I was using some family leave (those 5 wks we're entitled to) to make up the 3 months notice period?

OP posts:
ShowOfHands · 20/07/2008 08:57

The 3 months notice period is as much a contractual obligation as it was before maternity leave. You can include your holiday but I don't think you'll get away with the family leave. When are you due to go back?

flowerybeanbag · 20/07/2008 09:52

Yes you can include your holiday, but obviously you'd have to ask to take your holiday immediately after your maternity leave. They might say no to this.

If you don't give 3 months' notice, and gave, say, 2 months, I think it's unlikely they'd force you to come back for a month - that's probably more disruptive to them than you giving less notice than you should. Do you really feel that after 9 months off you won't know if you want to come back?

Be very careful and double check about the pay - it's unusual not to have to pay it back if you've had over and above SMP.

HappyNewMum2Be · 21/07/2008 10:19

Agree with everything said above, but the chances are they are not going to worry about you coming back after so long anyway and if you give the full three months notice, they may pay you in lieu of notice for the three months, IYSWIM?

I would also not offer to take your holiday as part of your notice unless they mention it. They are also obliged to provide your holiday pay as well if they choose to pay in lieu as flowery said.

So you could come out of this with three months Pay in Lieu of notice, your outstanding holidays and not having to work at all. Just a thought - this is where I would aim for and then everything else is a bonus, eg if they said, you have four weeks hols, take these as part of your notice and we will pay you instead of working, this would not be a bad result. I would aim for the maximum and then they can negotiate with you - they may not even bother.

Original poster
cloudydaze · 21/07/2008 16:23

Hi,
I'm due to go back end Oct/early Nov (can't remember exactly) so need to do something very quickly if I am not returning. We're still deciding what to do about me returning or not - realise probably should have thought about this earlier, there are a number of factors determining it though.
So what I would actually get paid for the last three months? Surely not? I assumed that the only money I would get is the outstanding holiday pay.
And yes, I know it's unusual about not having to pay back the company paid maternity leave but I also know that there is nothing in the contract saying you have to pay it back. Odd I know

OP posts:
flowerybeanbag · 21/07/2008 16:27

No you wouldn't get paid for the last 3 months, unless you were still receiving maternity pay at the time, were on holiday or working. 3 months' notice is just that, 3 months' advance notice that you will not be returning. You won't get paid it.

If you hand in less than 3 months' notice and they release you early rather than having you back for (say) a month, then you wouldn't get paid it either.

The only circumstances under which you would get paid it is if you handed in your notice on the day you were due back, and were willing and able to work for three months, and they decided they didn't want you to.

ilovemydog · 21/07/2008 16:36

Flowery, it's a good point re: paying back excess salary above SMP.

I have a friend in a similar situation.

Where would this be? When one makes arrangements for maternity leave - i.e. the response from the MAT B1 - when the employer states the perimeters for maternity leave?

If not mentioned specifically, then could one assume that it doesn't need to be paid, if the company doesn't have a specific maternity policy?

flowerybeanbag · 21/07/2008 17:21

It would need to be mentioned specifically in correspondence at some point, or in the maternity policy/staff handbook/employment contract, something like that.

flowerybeanbag · 21/07/2008 17:28

And yes, you would certainly expect it to be notified in the letter detailing maternity arrangement, including pay.

But if it were omitted from that letter, one of the other options would do.

HappyNewMum2Be · 22/07/2008 11:35

Just wanted to say thanks to flowery for clarifying things - I hadn't realised the OP was considering giving notice before the end of maternity - which would mean that the only pay would be that due based on the contract the individual has and their "status" at the time.

Sorry if I confused the issue. I think my comments were only suitable, as flowery said, if the notice was given when a person is currently working and earning full pay.

Sorry again

Original poster
cloudydaze · 24/07/2008 11:58

Hi,
Thanks all very much for your advice & thank you also Lackadaisycal for the link you supplied, was really useful.

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