Quitting job before maternity leave

partialycloudy

The only person who will benefit from you quitting before ML is your employer.....so he got out of paying you what you have earnt and then also gets out of paying ML. I would go sick, and have the money you are entitled to personnally, would "hurt" them more that way.

MummyOfTwo

it would be MADNESS to walk out!!!!

just go to the meeting, and if need be, get signed off after that. stay on the sick and at 36 weeks you will go onto maternity leave. take your full leave, then resign. you will also be owed all the leave and bank hols... if youve been treated badly then take every penny from the b*stards!

SqueekyMouse

MummyOfTwo wrote: »

it would be MADNESS to walk out!!!!

just go to the meeting, and if need be, get signed off after that. stay on the sick and at 36 weeks you will go onto maternity leave. take your full leave, then resign. you will also be owed all the leave and bank hols... if youve been treated badly then take every penny from the b*stards!

Just something to note...
If you resign after your maternity leave without going back to work for 3 months most employers would ask you to pay back any enhanced maternity pay they've given to you. You would not however have to pay back SMP.

It would make best financial sense to go back to work for 3 months (you can use all your holidays to perhaps take a month off in this time period) and see if you can work part time in the remaining 2 months (or have lots of sick days???).

Of course if you are considering taking them to a tribunal for constructive dismissal if you resign after your mat leave I would imagine that things would be very different from what I've written above should you win

livalicious

Thank you everyone for all your helpful advice, and I agree with everyone that it would be silly to just walk out and effectively shoot myself in the foot.

I am very stressed by this whole thing, I was just trying to think of a plan of action if things go pear shaped on friday. Im not trying to make a point or "hurt" my boss, as I know he would benefit out of this and would most probably just shrug it off. Its just the principle of the thing, being messed about and still having to work for them and train people up, when Id rather not. I only stayed here to get my maternity and bonuses, Ive not been happy here for a long time, so I have no intention of returning after maternity. I didnt tell them that of course, just thought it best to keep my options open just in case.

Hopefully my boss will see sense on friday and do the right thing, and I could just do my time and leave as planned on the 3rd. However, if it does go pear shaped, im going to take everyones advice and smile sweetly, then go to doctors to get signed off. And then later on consider going to a tribunal for unfair constructive dismassal.

Thank you again, I really appreciate all the good advice!

livalicious

Forgot to ask, if I did get signed off sick, how long could you be signed off for, and also do you then get statutory sick pay or full pay? I was meant to take 3 weeks holiday from the 3rd August, so would this kick in after the sick, or do I need to take it earlier????

Make-it-3

To those who suggested OP change her maternity leave date to start Monday, do you really think her employer is going to agree to this? Especially given the circumstances and she is lined up to train her replacements.

OP please be smart and don't walk out, as others have said you will lose all your maternity pay entitlements and may be sued for breach of contract, which could cost you.

You want to be taking them for every penny surely? So go to your GP first thing Monday, tell them about your work stress and get yourself signed off. Bingo, you leave them in the lurch, but they can't touch you and you get all your maternity pay/benefits.

Make-it-3

I'm not sure you would be able to claim unfair dismissal if you just don't return from maternity leave, that would be your choice.

Re sick pay, it depends on your contract - could be just statutory unless you have enhanced sick pay. Yes, you would go straight from off sick, to off on holiday, to off on maternity leave.

becominganobsessivesaver

Your sick pay will depend on your employer, as I imagine holiday vs sick. You're sick leave can run to 4 weeks before your EDD at which point you maternity leave will automatically kick in.

I would recommend you think a lot before you go down the constructive dismissal route. It's amazing how you can unintentionally get a reputation with potential new employers (not right, but word can and does get out in certain industries).

Good luck and please try and focus on yours and your baby's health. Ohand I truly believe that fate is likely to have a part in circumstances like these.

mrs_sparrow

I'd get signed off - indeed I did this myself but it was genuine, my boss was trying every which way to not pay me SMP and was working me into the ground - probably hoping I would quit, I was so exhausted I used to have a sleep at lunchtime, around 25 weeks I started having braxton hicks every few minutes, I went to see the doctor and he signed me off for 3 weeks and then another 1 with stress, a week later I left - making sure he knew full well what SMP I was entitled to.

And, he HAD to keep my job open for me. I never had any intention of going back but they had to pay a fortune for a temp, serve them right for trying to get out paying what they had to. A month before I was due to go back I gave the letter saying I did not intend returning.

Do the same, but go and see your doc and tell them you have been having a really bad time at work and have been having bad Braxton Hicks and they'll sign you off with stress for a few weeks - that might just run into your holiday and then in turn into your maternity leave.

Whatever happens do not give in your notice as you'll lose everything. Holiday pay also accrues while you are on maternity leave so at least get that extra month out of them before you 'leave'. Do not cut off your nost to spite your face, it really is not long to go.

Good luck.

mrs_sparrow

Also to add, that if they DO go back on paying the bonus speak to ACAS as you could be able to claim that back later on while on Maternity Leave. http://www.acas.org.uk/index.aspx?articleid=1461

This way you can deal with it all while you are off on ML instead of going into work each day and facing them each day. IF you still have no resolve you could then leave and claim Constructive Dismissal.

It's only a few weeks until the start of August, sit it out and do not lose other money you may be entitled to while on ML.