doing casual work whilst on maternity leave

JimmyTheWig

an9i77 wrote: »

Thanks - not sure why it would be their business though if they are not paying me anything for that period of time.

It depends on the basis for them letting you have this time off. If you are only allowed this time off because you have had a baby and your employer thinks that by giving you this extra time off to spend with your baby you will come back to work more ready than if you had come back sooner then they're not going to be happy at you working elsewhere.
If, on the other hand, all employees are free to take three months off when they feel like it then I don't see it as so much of a problem.

an9i77

JimmyTheWig wrote: »

It depends on the basis for them letting you have this time off. If you are only allowed this time off because you have had a baby and your employer thinks that by giving you this extra time off to spend with your baby you will come back to work more ready than if you had come back sooner then they're not going to be happy at you working elsewhere.
If, on the other hand, all employees are free to take three months off when they feel like it then I don't see it as so much of a problem.

They're not 'letting' me have the extra three months off so much as upholding a legal obligation to let me have this time off - that's quite different as it doesn't depend on their agreement. I understand that if I was doing a full time job elsewhere it would look bad, but what I'm talking about is doing a few hours of casual work somewhere else because my job is very full on, full time, not the kind of thing you can do in half measures. I don't see what's wrong with wanting to do a few hours part time in a completely different capacity, whilst still not wanting to return to my full time job at that time? They're not really losing out, they have someone else in to cover me, so she's getting my salary whilst I will be completely unpaid for three months, don't really see why this is about 'respect' (skintandscared) as no one's losing out here!

JimmyTheWig

I think you need to check the terms of your maternity leave. Are they giving you the minimum allowed by law, or are they giving you anything over and above this?

It sounds like what you want to do makes sense. It should mean that you are better prepared to come back to work at the end of it rather than going straight from never having left your baby to full time work.
If they are reasonable they should agree to it.

an9i77

Jimmy - you are allowed to take up to 12 months mat leave by law, with the last three months unpaid. Obviously not everyone takes htis much, particularly the unpaid bit, but this is what I have elected to do. I just wanted to take a year out of my busy, stressful full time job and spend this time with my baby - now I am thinking I would like to work one day a week to earn some extra money and get out of the house whilst still spending the majority of my time with the baby. As partner has left job to have some time out and pursue freelance opportunities working from home, I now have the opportunity to do this. Thanks

Mimi_Arc_en_ciel

honeypop wrote: »

I believe this is incorrect. You are not entitled to a full days pay for KIT days regardless of how many hours you work, unless that is what is agreed with the employer.

The direct.gov website says:
You will need to agree with your employer what work is to be done on keeping in touch days and how much pay you will receive.

For example, if you were only going to do half days for 'keeping in touch' then the employer may well say you will get half a days pay for that. Or they may say you will be paid hourly for however many hours you do on the day.

LOL dont tell my work then because that's what they told me they had been advised :rotfl:(It isnt company policy - They was actually told that by our accountant!)

(sorry OP - I was repeating what my HR had told me)

But you can definatley work 10 days

Mimi_Arc_en_ciel

skintandscared wrote: »

The thing is, they have paid you SMP for 9 months and have your job held open ready for you for another 3 months on top of that. Plus between the time you go back and the end of the firm's "holiday" year, you will have a full year's worth of holiday to take. It's about showing them a bit of respect back really, isn't it?

Sorry to hijack the thread (and 'disbelieve' you Skintandscared)

but is the highlighted bit correct? I work PT (16 hours a week) I get 20 days holiday a year. My Mat leaves starts 5th Dec this year, I'm not due back at work until Sept. Our holiday year is Jan - Dec. So does that mean I'll have 20 days between Sept and Dec to take? surely not? (17 weeks sept 2012 - dec 2012 - I'd work 42.5 days - so to get 20 days holiday seems wrong?)

an9i77

Mimi your holiday entitlement will accrue as though you were still at work - so you'll get 20 days for this year, 20 for next. Plus you are also entitled to the bank holidays back too (this has only been recently implemented by the majority of employers in response to recent EU case law). Which as there is a diamond jubilee next year means you'll get all the bank hols between dec and sept (9) added on to your holiday entitlement. Or you should do, if your employer is up to date with the law and legally compliant.

getmore4less

an9i77 wrote: »

They're not 'letting' me have the extra three months off so much as upholding a legal obligation to let me have this time off - that's quite different as it doesn't depend on their agreement

BUt the law also puts special restrictions on maternity so it is not down to your employer it is down to the law. when on maternity you are in effect a "special status" with special rules.

I am no expert and I don't plan to wade through I don't do baby stuff much.

What I have gleaned from the various cases I have read about.

edit : some of the below is probably wrong since it makes no sense if you were allready working for morethan one employer and had different periods of maternity.

One main feature of maternity leave is that it has to be a single continous break with the exception that some days can be worked at your existing employer to "keep in touch"

Any work anywhere breaks the continuity so maternity leave finished and cannot be restarted.

Fairly simple work anywhere and the maternity leave is no longer valid and you should be back to work at your normal place

maternity experts is that reasonable summary?

if you know you can't manage the 3 months unpaid is to payaround with the extra holiday and take some after(shorter) maternity rather than take it all before if the employer will cooperate.
Note you cant just use holiday to create income that also breaks the continuity so ends maternity.

getmore4less

Mimi_Arc_en_ciel wrote: »

Sorry to hijack the thread (and 'disbelieve' you Skintandscared)

but is the highlighted bit correct? I work PT (16 hours a week) I get 20 days holiday a year. My Mat leaves starts 5th Dec this year, I'm not due back at work until Sept. Our holiday year is Jan - Dec. So does that mean I'll have 20 days between Sept and Dec to take? surely not? (17 weeks sept 2012 - dec 2012 - I'd work 42.5 days - so to get 20 days holiday seems wrong?)

AUI holidays they will acrue during maternity can be taken in advance to avoid too much accumultaing after, this seems to be the recomendation in the guidence.
You also accrue while sick so if you get sick before you can take all you holiday you can end up with a lot going forward.

an9i77

Googlewhacker wrote: »

This is not quite right, you only get the extra bank holiday if your contract states 20 days + all bank holidays. If it states 20 days plus 8 bank holidays or 28 days total then you are not entitled to the extra day as they can class the extra bank holiday as one of the 20 days which still meets the statutory minimum.

stat minimum is now 25 days not 20....you do have to give all the holidays if these are usually given to employees in work..but you are right if the employer refuses to let all the employees have this extra day then they can do same to those on mat leave. Basically those on mat leave entitled to same as the other employees at that company, or else it would be discriminatory