Quitting job before maternity leave

livalicious

Hi there

Im not sure whether to post here or on employment thread, so I done both :cool:

Ive been working for my employer for the last 7 years and Im currently in dispute with my employer with regard to bonuses/commissions I was due to receive for reaching certain targets. We will be thrashing this out in a meeting on Friday but there are strong indications my boss might renege on the agreement. So if my boss decides that im not entitled to this commission Ive worked 6 months for, then I will be inclined to quit my job there and then.

Problem is, Im 7 months pregnant and due to finish work on the 3rd August. We previously agreed that I would take the 3 weeks holiday Ive accrued/am entitled to for this year and then start maternity on the 27th August, the baby's due date is 7th September.

My question is, if I do decide to walk out on my job on friday, am I still entitled to anything. Could I still claim maternity allowance directly through the government even though I decided to quit my job? Would I still be entitled to the holiday pay Ive accrued up till then, and also the pay Ive earned up to that friday?

I know it would make more sense to just wait it out and leave on the planned date, its not that long to go, however Ive been messed around before by my boss and this would be the final straw, as Ive work extremely hard to reach targets and he once again decides to move the goal posts at the end of it. The thought of having to come to work after all that and still train up two people who start on Monday to do my job is just galling, however I just want to be sure where I stand before I do anything I either may regret or that may cost me dear.

Thanks and sorry for the waffling

claire16c

Im not sure about the payment stuff but, could you not ask to just take your maternity leave starting on Monday? instead of quitting? That way you wouldnt have to worry about any of that stuff.

Because surely even if you decided to quit you would have to give 4 weeks notice? Which would take you up to the 3rd of August anyway.

livalicious

Thing is, I would effectively walk out on friday, not give any notice, just leave there and then. This is why I asked about whether I would still be entitled to maternity and holiday pay if I just quit and left on the day

mum2one

you wouldnt be entiled to any company maternity pay, as you left the job voluntry, - depending on your circumtances - you may be able to apply for a basic maternity allowance on benefits - they may santion you for walking out.

If you were due to leave on 3rd aug then try to hold out, and then have the benefits of 90% wages for xx weeks, (changed a lot from when i had DD).

I had a major disagreement with my employer when I was expecting DD, I went off sick and took maternity leave at the eariest convience, - then month before was due to go back resigned, and then took the company for unfair constructive dismissal, i eventually took a nice out of court payment, x

floss2

livalicious wrote: »

Thing is, I would effectively walk out on friday, not give any notice, just leave there and then. This is why I asked about whether I would still be entitled to maternity and holiday pay if I just quit and left on the day

Why would you do that? Of what benefit is making such a point to anyone concerned? Unless you don't want to work in your career area again?

If you take your mat.leave from Monday as suggested (perhaps consult your midwife / GP as this situation with your contract & renumeration could be classed as "stressful") then you are legally entitled to have your job kept open for you until your return (and if that doesn't happen there are legal ways to resolve that), you will receive holiday pay if in your contract and you will get your mat.pay.

Don't forget that in theory you could give birth over the weekend and your boss would then have to sort out any training issues himself....

floss2

mum2one wrote: »

......I had a major disagreement with my employer when I was expecting DD, I went off sick and took maternity leave at the eariest convience, - then month before was due to go back resigned, and then took the company for unfair constructive dismissal, i eventually took a nice out of court payment, x

I bet it took quite a while to get sorted though.....

Sambucus_Nigra

You would be cutting off your nose etc if you do that.

Why lose all the maternity pay as well as the bonuses?

In fact if you walk out with no notice, they could sue you for breach of contract [in that they could stop you any money that they need to spend to replace you for your notice period - which is usually through an agency and hence, more than you could be paid].

If he is reneging on bonuses that you have earnt, appeal the decision and get onto the Redundancy Forum below for some proper advice. Do not resign!

http://www.redundancyforum.co.uk/

SqueekyMouse

This level of stress in the workplace cannot be good for you or your baby. I don't wish to offend you, but what you are proposing to do does not appear to be in your best interests - perhaps the stress, upset at work and the changes you, yourself are going through are leading you to consider something which is fairly irrational.

Perhaps a trip to your GP would be helpful. Explain the situation and ask to be signed off sick immediately. Then you can concentrate on your and baby's well being, have no work stress and still be entitled to full mat pay when you start your mat leave on your pre arranged day. Worry about what you do with your job after a years mat leave...

FatVonD

I agree with the others, take your holiday and maternity leave starting from Monday. While walking out might make you feel good in the short term sometimes it's just much cleverer to smile sweetly, look like you're just sucking it up and then end up the winner long term.

becominganobsessivesaver

I had exactly the same issue with dd1, but instead of walking out got a sick note for stress (which I was certainly suffering from), found a new job while on ml and just didn't go back. In the career I am in everyone knows everyone else by one or two connections so I didn't go down any legal route (although I had a strong case), instead I just got a new job where they cared about employees (very lucky), a substantial payrise and I am still on good terms with my previous employers so get invited to networking events etc


Please just take a visit to your gp and don't slam shut any doors just yet, leave them slightly ajar to keep your options open.

daska

As above, go see your GP and you can be signed off. Not sure of the deadline but essentially you automatically move straight from sick leave to maternity leave on a certain date x weeks before your due date.

End result: Your boss gets exactly the same result as if you'd walked out but it's legal and you still get your maternity pay. And then take legal advice over claiming for constructive dismissal.