Maternity Leave

rob2005

Hi

I wondered if anyone can help with a maternity related querie.

- Wife plans to take 7 months maternity and then leave her job - can she after month 6 hand in her notice (1 month notice period) and not return to that employer?Or does she have a legal obligation to return to that employer for a given period?

Thanks

TamVilla80

Depends on what her contract says. A lot of companies stipulate that if you leave before returning for a minimum period then you may have to pay part of your maternity allowance back.

This website helped me a lot with work maternity issues...

http://www.maternityaction.org.uk/advice-2/mums-dads-scenarios/pregnant/resigning-during-pregnancy-and-maternity-leave/

Good luck with your new arrival!

Beckyy

It will depend on her employer, she will need to contact HR.

If she is in receipt of occupational maternity pay she may need to pay this back if she doesn't return to work for whatever period they specify following her maternity leave.

barbarawright

She'd almost certainly have to pay back any occupational benefits she'd have though she'd keep the statutory pay. I'd expect she'd have to return for 3 months if she wants to keep her full pay. Don't forget she'll still be building up annual leave while she's on maternity leave.

unforeseen

And if she has really pee'D the employer off by only doing enough to keep the additional maternity pay then they can make her take a weeks leave, back at work for a week then another weeks leave etc as they can dictate when leave is taken providing it fits into the Leave year.
There is no right to have it tagged on to the end of maternity in one big lump.

LilElvis

Any stipulations regarding repayment of an employer's enhancement of maternity pay is more likely to be in the company's staff handbook than in the employment contract.

PeppaCoin

Is she just going to be receiving basic maternity pay - ie 6 weeks at 90% of her income, then the remaining 33 weeks at £139.58/week? If so no they can't ask for ANY of this back. She should give her notice in a month before we wants to finish, and her accrued holiday pay will be owed to her.

If she is going to be receiving enhanced maternity leave, there is a chance she would have to repay some of her 'enhanced package' if she chose to leave without returning for any period of time. However this is something she would need to check in either her contract or employee guide book.