Maternity leave - Not returning to work

helptheden

Hi,
My wifes maternity leave is due to end in Mid November (she has had a year off), she has received a letter from HR informing her of her return date and information on her accrued holiday. She has accrued around 25 days holiday from this years entitlement.

She is not intending on going back to work and has to give two weeks notice (so needs to inform them soon).

We are unsure of her rights in relation to her leave that has accrued this year. Is she entitled to this leave (would it be paid leave?). What we want to know is should she be paid for this accrued leave? if she was to take this leave before resigning would she have to pay this back?

Any advise would be appreciated.

Cheers

kindofagilr

I dont think she is entitled to it, if she was going back she would be but I dont know if she is if she isnt returning?

Sorry I dont know for sure lol

moiramber

I recently did not go back to work after 9 months off and received a letter last week saying I accrued 18 days holiday and I will be paid for them this month so i'd say yes!

fernliebee

Yes she will be entitled to paid leave as being on maternity is the same as being employed by the comapny, so you still accrue holiday/ sick pay I think. I got paid for my holiday and I didn't return after my year. Just as an aside, I had to give 8 weeks notice of not returning, was this just my employer or is this standard? If so she may need to let them know asap.

Hope it all goes well and is sorted quickly, being at home with my DD is the best feeling ever! She makes me the happiest woman alive!

mumof3kids

i work for the NHS and accrued holiday leave during my maternity leave although i wasn't sure if i was going to return but was told by human resources that i was still classed as being employed so yes i still had holiday aswell!
you may need to check with hr but its probably a yes!

mum of 3

LondonDiva

Read her contract - does she have a clause that covers how long they expectg her to return to work for before they will not claw back pay from maternity leave? One of my mates has 3 months and another has 6 months I think.

scruffy96uk

I'd say yes she is entitled to them, I never went back to work and i asked my union rep and he said yes I was defo entitled to them.

Bananabelly

I have a few friends in the NHS that didn't want to return to work after maternity leave. Their choice was either to pay back the maternity leave money they received, or return to work for 3 months. I think it is an NHS thing, but it might be for other companies as well...just be aware.

csh_2

LondonDiva wrote: »

Read her contract - does she have a clause that covers how long they expectg her to return to work for before they will not claw back pay from maternity leave? One of my mates has 3 months and another has 6 months I think.

This would only apply to company maternity pay. SMP is not repayable.
All holidays are accured and are payable while on maternity as you are still employed.

emlou2009

she is entitled to it, my firm asked me if i wanted to take mine in advance of maternity leave or at the end, which they wouldnt have done if i wasnt.

kindofagilr

Bananabelly wrote: »

I have a few friends in the NHS that didn't want to return to work after maternity leave. Their choice was either to pay back the maternity leave money they received, or return to work for 3 months. I think it is an NHS thing, but it might be for other companies as well...just be aware.

Thats the same as me, I work for DWP, and my boss said to me I would get my new leave when I return providing I come back