Maternity leave - Employer asking for return date now - 6 months ML left

[oopsacoconut]

I am a nanny, I had my baby in August and have taken maternity leave. Before I left they asked if I was going back and I said possibly. I got a message today asking me to give them a firm return date before new year so they can plan childcare (temp nanny has been employed until my ML finishes) I know I don't want to go back now, baby is less than 3 months so things could change. If I say I am not going back will I still be entitled to my SMP until May? What is my position? Am I entitled to take my leave too?

Your employer should assume that you will take your full year off unless and until you formally notify them otherwise.

If you decide to return earlier than a year, you must give 8 weeks notice of the date you want to return.

If you don't want to return at all, you should give notice as normal, your normal notice period.

If you leave employment, you will still get your SMP, but I would advise you not to leave employment until the last possible date, as you continue to accrue holiday during maternity leave, so although you will still get SMP if you leave employment sooner, you won't then get paid for holiday in the same way.

Tell your employers that they should work on the assumption that you will be coming back after a year, and that you will notify them if and when you decide differently.

afaik you have to tell them a month before - but that may not be the same if you are in this situation, will go and check for you as i know where it is on direct.gov so i'll link it. your entitlements usually depend a bit on how long you have been with the same employer, how long have you worked for them? You should also be entitled to smp til your mat leave ends regardless of whether you go back, which came in a couple of years ago, but will also check that. I know our company stuff inside out, but not whether some points are universal or not.
Flowerybeanbag and co might be about?

your rights

yay flowery turned up and x-posted me too

Giggle - have been with them for 5.5 years. I am the only employee they have so there is no formal policy on maternity leave. She told me she knows I don't have to tell her until 4 weeks before but she wants me to be sensible for the childrens sake. Am a bit of a chicken about confrontation but I know I need to - it makes nearly £600 difference in the 2 weeks leave I will be entitled to if I only tell them at the end.

In that case take flowery's very good advice lock, stock & barrel. She is obviously not thinking first and foremost of your rights and your finances - but you certainly should.
Enjoy your mat leave, they have nothing to complain about if you do it completely by the book .

I guess being a nanny makes this kind of a special case. Not legally speaking, but you KNOW that your employer needs to make arrangements for her children, in the same way that you do. Whilst I appreciate the "rights" part of this, surely your employer is another mother trying to work out if you are coming back and when, or if she needs to employ someone else?
Ooh it's a tricky one.....

Yes I know it's tricky but with a 3 month old baby I have no idea when and if I want to go back - my decision changes on a day to day basis depending on sleep quotient. I have not told the children (or them) when I will be coming back but think she has told them I will be back for the LO's birthday in Feb as he mentioned it to me on the phone. AAAAHHHH I am so confused.

That sounds an awful lot like emotional blackmail to me. Visit the lo for birthday by all means, but no way should they have said that to a child. If you are entitled to the year, then work with that.

I suggest you tell her you will tell her when you know yourself. I told my employers ealier than necessary but I had made the choice not them. Otherwise stick to the regs Flowery has posted. Enjoy your time off it is very precious