Pregnant - enhanced maternity while at risk

edited 30 November -1 at 1:00AM in Redundancy & Redundancy Planning
2 replies 1.3K views
ema_oema_o Forumite
885 Posts
edited 30 November -1 at 1:00AM in Redundancy & Redundancy Planning
Hello, just wondered if anyone could give advice please :). Bit long so sorry!

Been with my organisation about 7 years. Was made at risk around Nov last year, didn't get a permanent role but after much faffing was given a letter confirming they wished me to continue in a role until at least the end of September 14.

In the meantime I'm pregnant, begin maternity leave as of Monday. My company pay enhanced mat pay as long as you return to work for 3 months afterwards.

At the moment they aren't sure whether there will be a role to come back to which is fair enough, I was made at risk before the protected period in pregnancy. My boss discussed with me & I said I was keen to return as long as there is something for me to do. We agreed to discuss in Oct / Nov. I completed my paperwork after discussing with HR and ticking that I do intend to return to work and giving a provisional date of return.

Have just received a letter stating 'you have requested that you are paid only statutory maternity pay as you have not yet decided whether you intend to return to work at the end of the maternity'.

Now I certainly didn't request this, and completed paperwork stating I do intend to return to work at the end of my maternity period. Actually my preference would be to return to work and I made this pretty clear.

The letter also states my expected date of return to work, so a bit contradictory!

I'm hoping this is just an error and will speak to them Monday to understand (and obv follow up in writing) However if anyone can advise whether they have a right to do this it would be much appreciated. The maternity policy doesn't state what to do in situations where there isn't a role to return to, however the wording 'intention to return' leads me to believe that I have the intention to return even if I don't have the opportunity! The conversation I had with HR made me believe the same thing (however I don't have that in writing).

I am on 3 months notice and as yet they haven't given me notice (the letter mentioning end of Sep states that it is not notice of termination). I'm assuming if there isn't a suitable role they would need to make me redundant and pay redundancy. Again if anyone can offer advice that would be much appreciated.

Thanks :cool:

Em

Replies

  • Takeaway_AddictTakeaway_Addict Forumite
    6.5K Posts
    Ninth Anniversary 1,000 Posts
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    As you are on maternity leave you have the right above anyone else to any open jobs, presuming you are capable of doing the job, even if you are not the best candidate.
    Don't trust a forum for advice. Get proper paid advice. Any advice given should always be checked
  • getmore4lessgetmore4less Forumite
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    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
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    Being "at risk" should not change anything, you are still a contracted employee, until they put you on notice your job still exists with all it's contractual obligations and benefits.

    Review the impact on your rights if taking extended maternity.
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