Resigning after maternity leave, can I use A/L for notice period?

Lucy5781

Pretty much as title states.

My DS is now seven months old and despite original hopes to return part time if my employers would allow it, it's become quite apparent that childcare costs would be prohibitive regardless.

Our household finances will be tight but where we're about to lose the last of my SMP contribution to the joint account for our bills (£100 p/m and has keep us fine for the last six months), DH has had a pay rise which cover the same figure.

My actual question is though, my contact and terms state that if I don't plan on returning, I just have to inform them in line with my normal contact, i.e. provide in writing with one month's notice. At this point I have a year's A/L allowance of 22 days that can be used and I'm thinking I'm right that they should allow me to use them during the notice period?

My company doesn't have any requirement for return to work to pay back any pay. It's minimal 90% for six weeks then SMP for six months which for me ends this time next month.

getmore4less

what was the plan for the holiday anyway, many companies like due to the accrual like to have some/all used up either immediately before or after the period of absence and many like the pay in the extra maternity unpaid maternity period anyway so everyone is happy.

They don't have to let you take the time as holiday but if you give notice inline with maternity and contractual rules and they have the cover then seems silly not to just let you go.

Lucy5781

Would have used some tacked on the end of Maternity leave and possibly used some to work shorter weeks and then to cover between Xmas and new years bank holidays.

They have full cover on site until mid August as I expected to take a full year off anyway so if I leave by mid June, they have time to renew with my cover (who was happy to potentially job share after my return if company required the cover) or advertise time full time etc.

getmore4less

Not sure there will be an issue if you resign while on maternity,

Never have to go back as termination and maternity finish same day.

worst case the holiday accrual get paid when you finish or you terminate maternity a bit sooner and they pay it out.

Lucy5781

Just as an update -

Submitted my notice 19th May, with 17 days of Annual Leave to be used, and also requested 3 days unpaid leave to cover the period to 19th June.

So I've got half the holiday pay paid at the end of May with the final two weeks of SMP and the other half of the holiday pay will come at the end of June.

Pleased to have managed to stretch out the money tbh.

The other thing is that DH is able to do 2-3 night shifts a month on his council's noise nuisance team which brings in more per month than I would working part-time and paying out for childcare.

Our biggest problem is a lack of informal childcare. Mum is 70 miles away, Step-mum 115 miles away and my MiL, whilst local, is disabled and unable to care for a baby/toddler.

We now plan to try for baby no.2 and hope to conceive in time to qualify for Maternity Allowance which is paid by the government if you give birth within 60 weeks of stopping work, which would be just before DS turns two (he's nine months old today).

I plan to return to work part-time once a second child is nearer to a year old when DH should be into a higher paying role, adding to our income and allowing childcare payments, whilst at that point DS will be old enough to qualify for free nursery placement with both of us working *phew*

Tammykitty

SMP is payable for 39weeks (about 9 months) with the first 6 weeks at 90% and the remaining 33 weeks at SMP of £140.


In your first post you said that it was 6 weeks at 90% and the 6 months at SMP - however it should be closer to 8 months as SMP


https://www.gov.uk/employers-maternity-pay-leave/entitlement


Also, I know it is probably too late now, but you should have resigned later, and taken the unpaid 3 months of the maternity leave, as you would have continued to accrue holidays during the maternity leave which would then be paid when you leave.

Lucy5781

Tammykitty wrote: »

SMP is payable for 39weeks (about 9 months) with the first 6 weeks at 90% and the remaining 33 weeks at SMP of £140.


In your first post you said that it was 6 weeks at 90% and the 6 months at SMP - however it should be closer to 8 months as SMP


https://www.gov.uk/employers-maternity-pay-leave/entitlement


Also, I know it is probably too late now, but you should have resigned later, and taken the unpaid 3 months of the maternity leave, as you would have continued to accrue holidays during the maternity leave which would then be paid when you leave.

You are correct, I just wrote the wrong thing. I was paid SMP mid Oct 2016 to mid May 2017.

Lucy5781

Just in case anyone was interested, I was indeed able to use 17 days of annual leave and three days unpaid leave to cover my notice period.

As I gave notice on the 19th May I had some pay for that month and a bit more pay the following month which certainly helped our finances prior to DH getting his increased wages at the end of this month.