Resigning whilst on Maternity Leave

ClareEmily · 22 March 2011 at 6:17PM

Hi there

I am currently on Maternity Leave, I am due back at the end of June.

They are paying me just the SMP.

I want to be fair to them and inform them asap if I decide to resign and become a SAHM, so they have time to recruit.

However I don't want to cut off my nose to spite my face, if when I tell them my SMP stops, is there anything in writing on an official website I could send with a resignation letter, as they are a small company and would just stop my SMP regardless (I am pretty sure I am entitled to 9 months worth?).

Hope this makes sense, baby not allowing me to think clearly.

PS They rang me today asking about days and hours, feeling a bit pressured.

Googlewhacker · 22 March 2011 at 6:54PM

ClareEmily wrote: »

Hi there

I am currently on Maternity Leave, I am due back at the end of June.

They are paying me just the SMP.

I want to be fair to them and inform them asap if I decide to resign and become a SAHM, so they have time to recruit.

However I don't want to cut off my nose to spite my face, if when I tell them my SMP stops, is there anything in writing on an official website I could send with a resignation letter, as they are a small company and would just stop my SMP regardless (I am pretty sure I am entitled to 9 months worth?).

Hope this makes sense, baby not allowing me to think clearly.

PS They rang me today asking about days and hours, feeling a bit pressured.

How can you be feeling pressured by a phone call asking for days and hours (which alot of women would love as it looks like they would be forth coming for part time work/flexible work if you requested it.)

However to answer the question I think you are right about the 9 months SMP so I suggest you just hand your notice so the last day of notice coincides with the last day of SMP, alot of employers know this is likely to happen (and some are greatful!).

ClareEmily · 22 March 2011 at 6:58PM

Thanks for this

Probably wrong word used by myself should have said I feel "guilty" because they are being so flexible and I don't want to tell them one thing and then do something completely different in 3 months time.

Googlewhacker · 22 March 2011 at 7:09PM

be honest then and say you are unsure and would like some more time to make a decision.

You don't need to give to much detail, just say you will let them know in the near future.

Mudd14 · 22 March 2011 at 7:37PM

They shouldnt really be calling and asking when you are coming back and what hours days. They should assume that you are coming back after the 52 weeks.

SMP is paid for 39 weeks (6 weeks at 90% followed by 33 weeks at the statutory rate or 90% which ever is lower), as long as you fulfil your contractual notice that is all you are required to do.

Googlewhacker · 22 March 2011 at 7:43PM

Mudd14 wrote: »

They shouldnt really be calling and asking when you are coming back and what hours days. They should assume that you are coming back after the 52 weeks.

See this is where an employer can't win, if they just ignored the employee then some would complain that the employer wasn't keeping in touch.

Personally I don't see anything wrong asking someone 8-9 months in if they knew what they were going to do. If the employee said no then so be it, if they said yes then it gives plenty of time to either try and accomidate the employee.

Obviously you wouldn't phone the person on a weekly basis!

ClareEmily · 22 March 2011 at 7:59PM

Googlewhacker wrote: »

See this is where an employer can't win, if they just ignored the employee then some would complain that the employer wasn't keeping in touch.

Personally I don't see anything wrong asking someone 8-9 months in if they knew what they were going to do. If the employee said no then so be it, if they said yes then it gives plenty of time to either try and accomidate the employee.

Obviously you wouldn't phone the person on a weekly basis!

I agree, they are a small company and me being on maternity leave has caused them inconvenience and expense, I don't mind them calling and understand they need to have some idea what I am going to do, just wish I knew, never thought before my baby arrived I would feel like this.

Mudd14 · 22 March 2011 at 9:19PM

I agree and disagree. Yes I understand it is good for the employee and employer to keep in touch but it sounded like from the OP it was a nuisance. If the relationship is good I cant see any problems towards the end asking what her intentions are.

ClaireEmily, a refreshing outlook. Although if they are only paying SMP and are a small employeer they can claim 102% of the cost back. And the cover they have in would be what they would be paying you anyway?! Not a great expense

Googlewhacker · 22 March 2011 at 9:22PM

Mudd14 wrote: »

I agree and disagree. Yes I understand it is good for the employee and employer to keep in touch but it sounded like from the OP it was a nuisance. If the relationship is good I cant see any problems towards the end asking what her intentions are.

ClaireEmily, a refreshing outlook. Although if they are only paying SMP and are a small employeer they can claim 102% of the cost back. And the cover they have in would be what they would be paying you anyway?! Not a great expense

So you then treat someone you don't get on differantly to an employee you do get on with......

See, the employer could get it wrong at every turn, so I would phone them up prob on the 8th month of maternity.

Mudd14 · 22 March 2011 at 9:28PM

Googlewhacker wrote: »

So you then treat someone you don't get on differantly to an employee you do get on with......

See, the employer could get it wrong at every turn, so I would phone them up prob on the 8th month of maternity.

Yep! Can never win!

Savvy_Sue · 22 March 2011 at 10:58PM

I think when we haven't heard what someone's plans are we have written to remind them that if they don't tell us different, then the following is happening, ie we expect you back on this date at your previous hours, and a reminder that they need to give us notice of any alteration to this.