Maternity Related...

lauren123

Hi

Not sure if this is the correct place to post, if not then sorry.

Basically I went on Maternity leave in Sept 2012 and I wrote to my employer telling him I was taking the whole 12months off and gave him a return date.

I went into work today to collect my SMP (which I have to do each week) only to be told that I have to make a decission in the next 6 weeks wether Im returning or not. I was also told that I have to be available to do all shifts (evening, weekend, daytime and split shifts) . When I was at work before maternity I was only employed to work Lunch times (as it fitted in with my children) . Now we have two children I can only work evenings and weekends as we cant afford the childcare...so basically I cant return to work. My thoughts are that they have temp replaced me and they dont want me back, so they are making things awkward.

To cut things short, since seeing them today, Ive decided Im not going back. So...seen as Ive already told them my return date, shall I leave it as that and just give my months notice in August? Im thinking of my hol pay I would have saved up over the year. If I give my notice now, like they want, I'll lose some holiday pay .

Advice please as Im stuck with what to do

Thanks Lauren

lauren123

Assuming I still get holiday pay??

DevilsAdvocate1

lauren123 wrote: »

Assuming I still get holiday pay??

I don't think you'll get your holiday pay unless you go back. I didn't when I did not go back after number 2 was born. However, I did get it all when I went back after number 1. It meant I had 10 weeks in which to take 4 weeks holiday, which was really good.

notanewuser

DevilsAdvocate1 wrote: »

I don't think you'll get your holiday pay unless you go back. I didn't when I did not go back after number 2 was born. However, I did get it all when I went back after number 1. It meant I had 10 weeks in which to take 4 weeks holiday, which was really good.

Absolutely wrong. The OP is entitled to their accrued holiday whether they return or not, by law. They also only have to give 8 weeks notice of wanting to return, so her employer cannot ask now what her plans are. They'll just have to wait until July for an answer. If they push you OP, tell them of course you plan to return, to the same job on the same basis as you left, as per the law, and leave it at that.

If you do want to change the hours you work, I'd leave that for a little while. But be aware that they don't have to offer you anything different to your role and hours before maternity.

lauren123

notanewuser wrote: »

Absolutely wrong. The OP is entitled to their accrued holiday whether they return or not, by law. They also only have to give 8 weeks notice of wanting to return, so her employer cannot ask now what her plans are. They'll just have to wait until July for an answer. If they push you OP, tell them of course you plan to return, to the same job on the same basis as you left, as per the law, and leave it at that.

If you do want to change the hours you work, I'd leave that for a little while. But be aware that they don't have to offer you anything different to your role and hours before maternity.

Thank you! After doing to searching Iam sure I will get some holiday pay! So it would be ok if I tell them I plan on returning to work on the date I have already given and then in July write my letter of notice and request any holiday pay due to me?

notanewuser

lauren123 wrote: »

notanewuser wrote: »

Absolutely wrong. The OP is entitled to their accrued holiday whether they return or not, by law. They also only have to give 8 weeks notice of wanting to return, so her employer cannot ask now what her plans are. They'll just have to wait until July for an answer. If they push you OP, tell them of course you plan to return, to the same job on the same basis as you left, as per the law, and leave it at that.

If you do want to change the hours you work, I'd leave that for a little while. But be aware that they don't have to offer you anything different to your role and hours before maternity.

Thank you! After doing to searching Iam sure I will get some holiday pay! So it would be ok if I tell them I plan on returning to work on the date I have already given and then in July write my letter of notice and request any holiday pay due to me?

Absolutely. Make sure you know how much you should be owed too.

lauren123

Hi, so Im back after doing what I was advised.

I handed in my letter of resignation and clearly stated I was ending my employment from the date my maternity leave finished, that was 2 weeks ago.

I went into work today to pick up my smp and was told " can you re write your letter and change the date to the date your SMP finishes rather than your maternity leave, there is no point you being employed by us if you are not here or getting paid."

Now the way I see it, Im still collecting holiday pay for the last 3 months of my maternity leave, is this why they have asked me to do this, so they dont have to pay me the whole years worth of holiday?

What should I do, can they do this or is my right to stay employed by them until my maternity leave ends and build up my years worth of holiday?

THANK YOU LAUREN

notanewuser

Why on earth did you do it now?!

lauren123

They wanted it on the 28th June so thought Id get it out the way. Does it make a difference? Same thing would have happened then anyway.

lauren123

Plus they have been crazing me every Friday when I go and pick my money up .

notanewuser

Well, you played right into their hands. You knew what you needed to do in the first post!!! You should NOT have even mentioned resignation until August. Sod what they wanted - the law was on your side. You didn't even wait till the 28th!!!

Now they're going to pester you to change your resignation date. :doh: