additional maternity leave

[destinyJesus]

Hi all,
I am on additional maternity leave at the moment and due to return back to work November.
I found a new job starting August, is it okay to work even though i am on AML?

Do you mean you are leaving your old job? In that case, no, you can't start the new one and still be on maternity leave at the same time, you should resign and start the new job as you normally would if you changed jobs. Your current employer will be rightly hacked off if you've supposedly been on maternity leave and actually left (and they will find out because of the tax codes).

Sorry

Also - check your contract - if you have been paid employers maty pay on top of statutory then you may be expected to pay it back if you don't return to work

check if you have any outstanding annual leave, as if you have a claw back clause for AML, then you may be able to have this taken into account. Some companies offer payment for annual leave if not taken.

Thanks all.
I am just worried about my employer finding out i am with a new company despite not resigning with them. I am close to 39weeks on mat leave and would need money to support my family, although i still want to return to my employer part time by November so as to combine the two jobs.
Should i just tell them i am returning early so as not to raise any issues?

So you are planning on doing both jobs once your maternity leave at job one ends?

Ok, first step is to check whether your employment contract in job one lets you have other jobs. Some contracts prevent it, particularly if you are full time in job one (as they don't want you too knackered from job two to function).

It sounds as though you were working full time at your existing job and now want to take this new job and combine it with working part time at your existing job. So the whole thing depends on your employer allowing you to go part time, is that right?

If so, you are allowed to request a reduction in hours to go part time, but the reason for the change must be for family reasons, childcare or whatever. Not so you can work at another job as well.

Have you already got the part time hours at your existing employer sorted? What happens if they say no, will you leave?

@ Flowerybeanbag...tanx a million. i doubt if they will say no afterall the law talks about right to flexible working.
Apart from that, my main concern is what the law says about being on AML and taking a new job....To be honest, the new job is paying twice per hour what i earn and its just for 6 months..i dont want to go back early frm maternity to my old job but wouldnt mind doing the new one while on maternity as it is less stressful BUT WHAT DOES THE LAW SAYS ABOUT THAT?...Anybody got a clue on that?

@Ribenaberry....i was not given an employee handbook..dd flimsy excuse was they didnt want to waste resources...Guess i can request 4 one....right?

If you are receiving SMP, that must stop if you start a new job. However, you could be on maternity leave from one job and still work in another.

However, I think you need to be very careful about this. There is no legal right to flexible working. There is a right to request flexible working for childcare reasons. Your employer will be totally within their rights to refuse you flexible working to allow you to work part time in another job too. If I was your employer, I would refuse that request I'm afraid.

In terms of the handbook, there's no right to one. I was actually thinking of your contract (although a handbook might have wording too). Do you have one? What does it say about having other jobs.

What Ribena said. You have no right to flexible working, only a right to ask for it. As long as your employer follows an appropriate procedure and gives business reasons, they can refuse it, or even if they agree it, they might want to change it slightly, for example change the days you are proposing to work, which then might not fit in with your new job anyway.

As previously mentioned, any request must be for the purposes of childcare, so if your employer agrees to your proposal then finds out you are actually using the extra time to work elsewhere, you are likely to be in serious trouble.

No law about working during mat leave and taking another job, other than your SMP must stop at that point. But your employer may have restrictions on it in your contract as Ribena says.