Maternity Leave

matphil

Please could someone advise me on maternity leave. I work 16 hours a week and claim working tax credit and I am a single parent. I went on maternity leave last April (2005). I received 6 months maternity pay and then took another 6 months unpaid maternity. I am now due to start back to work on the 15th April but I asked my employer if I could delay returning to work (unpaid) until September because I have an older child who is starting school then and it is easier for me to get a babysitter for just one child. Unfortunately I have been told that if I do not return to work now then my job will not be kept open for me. Does anyone know if this is right or have any advise. Thank you.

CIS

If you delayed returning you will loose yourworking tax credits from the point at which your ordinary maternity leave ended, you would then only be able to claim Child Tax Credit until you return to 16hr + employment.

dro

I'm fairly sure your employer only has to keep your job open for you for 1 year (26 weeks ordinary maternity leave & 26 week additional maternity leave) so they are acting within their rights.

Whether they could do more obviously depends on the individual circumstances.

DazzerG

WTC would end after the 1st six months paid Mat leave.....assuming you've told them that you havent returned?

Savvy_Sue

I agree with dro. Your employer has kept your job open for a year now, and you are asking them to do so for a further 6 months. If it's a job you want to go back to, get back now! Otherwise do the decent thing and hand in your notice so that they can offer someone the job on a permanent basis rather than a short-term contract.

Actually, I think your employer may also be protecting themselves against being unable to get rid of someone who's been on a series of short-term contracts (if it's the same person covering for you throughout) when you do finally decide to go back. I don't know what the law says, but I believe that if you keep renewing someone's contract, they do acquire the rights of a permanent employee.

The ACAS website may have more information.

stuwilky

Unfortunately under current regulations your employer only had to keep your position open for 12 months.

However, remember you are eligible to request a change to your working hours, either a reduction or some flexibility.

Whilst not what you seem to want, it might give you the benefits of a slow return to work as well as spending time with junior.

More info here.
http://www2.dti.gov.uk/er/individual/flexible-pl516.htm