Maternity leave rights ?

tricia50

Hi , i am looking for a bit of advice , thanks in advance ,

I am currently on ML , i had 100% pay for first 6 weeks and now have 33 weeks at 95% pay with smp , I am due to return to work 25th Oct but am taking 5 days hol after which lets me return 1st Nov, now what i would like to know is , i am entitled to 25 days hol + 6 days bank holidays , so 31 days altogether , if i was to add another 20 days onto the end of my ML can i hand my notice in while on holiday as i have no plans on returning back to work when this all ends , or do i have to tell my employer before this time and lose out on my holiday pay and bank holiday pay , or am i entitled to holiday and bank holiday days , it sounds confusing , i think its how i have worded it .

In short ,

I dont want to return to work after ML finishes , but wants to know if i am still entitled to holidays and when do i need to tell employer when i will be leaving

OR

do i ask for the full 12 months off take my holidays and bank holidays then advise them nearer to the time of the 12 months that i am not returning

mariefab

When you resign is entirely your choice.
You are entitled to be paid for any accrued but untaken holiday entitlement up to the effective date of termination.

You might want to have a close look at the terms and conditions of your contractual maternity pay; as there may be a clause requiring you to repay any contracual maternity pay received if you don't return to work, or if you return to work for less than a stated minimum period.

Googlewhacker

it sounds like you are getting contractual maternity leave from what you said. Make sure you have no claw back clause to state that you must work X amount of months after maternity leave otherwise the contractual maternity pay may be clawed back