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Maternity leave / going back dilemma
Fay_elizabeth
Posts: 153 Forumite
Hi All,
So please bear with me, its a bit of a long story...
Worked for my employers for 3 years as their sole employee (receptionist, private health clinic) Started Maternity leave in January, set to return after 9 months in October. In May I contacted them (via email) to request part-time hours on my return. They thought about it for a few months and then August got back to me and said yes they'll set up a job share as long as I will return 1 month early in September. I was hesitant but agreed.
Received my contract last week stating that the job share will be on trial for 1 month and if they decide its not working out both parties will be terminated (!) upon clarification, they agreed that I would be offered my old hours back.
The more I think about the new contract and the 1 month trial the more I think perhaps they are not really willing to give a job share a go but want to show willing for legal reasons (flexible working) I have a strong feeling that they will want to terminate the job share after 1 month, in which case I will be out of a job as they know I cannot afford to return full time. I feel by going ahead I am basically sacrificing a month of maternity pay to work for the same amount of money and then lose the job at the end of it - lose/lose situation.
Ideally, now I'd decide not to return - however, its 10 days away. Would they be able to withhold my last months maternity pay if I didn't return now? I'm not really sure what to do.
So please bear with me, its a bit of a long story...
Worked for my employers for 3 years as their sole employee (receptionist, private health clinic) Started Maternity leave in January, set to return after 9 months in October. In May I contacted them (via email) to request part-time hours on my return. They thought about it for a few months and then August got back to me and said yes they'll set up a job share as long as I will return 1 month early in September. I was hesitant but agreed.
Received my contract last week stating that the job share will be on trial for 1 month and if they decide its not working out both parties will be terminated (!) upon clarification, they agreed that I would be offered my old hours back.
The more I think about the new contract and the 1 month trial the more I think perhaps they are not really willing to give a job share a go but want to show willing for legal reasons (flexible working) I have a strong feeling that they will want to terminate the job share after 1 month, in which case I will be out of a job as they know I cannot afford to return full time. I feel by going ahead I am basically sacrificing a month of maternity pay to work for the same amount of money and then lose the job at the end of it - lose/lose situation.
Ideally, now I'd decide not to return - however, its 10 days away. Would they be able to withhold my last months maternity pay if I didn't return now? I'm not really sure what to do.
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Comments
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https://forums.moneysavingexpert.com/discussion/5882784/back-to-work-after-maternity-leave-weird-clause-in-new-contract
You’ve already posted about this exact dilemma.0 -
Hi! I know, but now, I am asking about the possibility of not returning and whether they could withhold my pay. I thought it better to start a new thread.0
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What does your contract say or their maternity policy.Mortgage started 2020, aiming to clear 31/12/2029.0
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All it says in my contract is -
Maternity Leave/ Pay – Statutory Maternity Leave is 52 weeks. It’s made up of:
Ordinary Maternity Leave - first 26 weeks. Additional Maternity Leave - last 26 weeks
Statutory Maternity Pay (SMP) is paid for up to 39 weeks. You get: 90% of your average
weekly earnings (before tax) for the first 6 weeks. £145.18 or 90% of your average
weekly earnings (whichever is lower) for the next 33 weeks0 -
Fay_elizabeth wrote: »Hi! I know, but now, I am asking about the possibility of not returning and whether they could withhold my pay. I thought it better to start a new thread.
Absolutely not an expert on this area, but I thought an employee had to return for a period of time to retain entitlement to the maternity pay they had received.0 -
Not if the employer only offers Statutory Maternity Pay - which seems to be the case for this employer. If they pay over and above SMP, they may add a clause in the contract/policy about having to return for a certain period of time.Absolutely not an expert on this area, but I thought an employee had to return for a period of time to retain entitlement to the maternity pay they had received.
If you decide not to return to work, then you need to submit notice as normal for a resignation. They cant withold your SMP and you should receive payment for holiday accrued while you have been on maternity leave0 -
Absolutely not an expert on this area, but I thought an employee had to return for a period of time to retain entitlement to the maternity pay they had received.
Why not do a bit of research on the rules for SMP and other maternity related stuff rather then keep guessing on threads that are on the subject?
For contractual they can have any rules they like(almost).0 -
Look at ACAS. They are the experts.
http://www.acas.org.uk/index.aspx?articleid=13390 -
Call the ACAS helpline, closed tomorrow.
http://www.acas.org.uk/index.aspx?articleid=20420 -
Loanranger wrote: »Look at ACAS. They are the experts.
Many would dispute that generalisation.0
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