Maternity Leave Mortgage

deanlarge87

My wife and I are in the process of applying for a mortgage however my wife is currently on maternity leave. The mortgage company have stated they need a letter from my wives employer regarding her return to work which seems pretty standard.

The issue we are facing is that OH employers are stating they cannot provide that letter until 8 weeks before my wives return to work date (26th July 2017) as until that point legally plans could change, they have been told they can caveat with statements like "at the moment OH has expressed an intention to return to work on xx/xx/xxx on her current salary of xxxx" but they are stating they cannot state a salary and a return to work date as until 8 weeks before nothing is set in stone!! This to me seems like they are being completely unreasonable and preventing us from being able to complete our house move.

We have sufficient savings to ensure we meet payments until OH returns to work so that is not an issue.

Does anyone have any formal guidance as to what the employer are obliged to provide. I have asked the mortgage company if we can provide acknowledgement of receipt of a letter from OH and a copy of the letter expressing she intends to return to work full time on xxx at a salary of xxx but am also being told that is not acceptable to them, they need something from the company confirming salary and return to work date. Understanding it is subject to change and also that there is no liability on the company.

Thrugelmir

deanlarge87 wrote: »

This to me seems like they are being completely unreasonable and preventing us from being able to complete our house move.

An employee does not have to state until 8 weeks before, that they intend to return to work. That's written into employment law. An employer therefore cannot state anything differently. As they have no idea what the employee may choose to do.

deanlarge87

I understand that but if OH is happy to go into writing and say her current intention is to do xxxx then surely employer can state current intentions are to xxx caveated with "this is subject to change etc" there is no financial comeback on the company?

dk5294

up until 4 weeks before the end of my maternity leave I told my employer I was going back. I was frantically trying to find a new job, with better hours to accommodate me. Your wives employer isn't going to provide you with a letter of intent when she has 7 months (guessing she is taking the standard 39wks) of maternity leave to change her mind and then could face questioning as to why they supplied false information.

deanlarge87

They can't face questioning as it can include a caveat to say current intentions are. I don't know who are being unreasonable, the mortgage company for requesting a statement that states current intentions and is therefore completely meaningless or employer for not being able to provide a letter. Really don't know where to turn on this one.

dk5294

The lender obviously wants some sort of proof that the income you are putting on your application is still going to be available for the next X amount of years. They want a guarantee that you can afford this level of lending now and in the future. So they aren't being unreasonable. Remember how bad it got because lenders were taking things at face value.

Her employer doesn't have to give her a letter, however she will have had to put in her maternity leave notice and on that it should have stated how long she was taking off and what date she intends to return. Her employer would have had to agree to this. Get her to contact HR and get a copy of this if she doesn't already have one.

mcloughlin

We are in the same situation as yourselves. After discussing it over with my place of work. You are allowed to go back anytime in the 12 months you have of. My employer explained it that they need 8 weeks min notice of my intentions. So I can write to stay in am going back early so there is no gap in my salary. They will then provide me with the letter I need to show the mortgage company. They also stated that you are free to change your mind again and nothing is set in stone until 8 weeks before. I believe this is the rule for everybody. So if your wife states she wants to go back early than they have to accommodate her. However once you have your later for the mortgage company you can write informing work that you have changed your mind and wish to stick to the original date. She's within her rights to do so. Hope this helps.