New job whilst on Mat Leave

Dogsarethebest2025

Hi all, 

I am currently in my final 3 months of maternity leave (I have just started the unpaid last 3 months) and I also handed in my notice at my job as they require 3 months. 

I was looking for a part time 16hr weekend position which my old job couldn't offer me, can I start this job now as I have a position available for me nearby? 

I can't see any specific restrictions in my contract as I am in my notice period and the unpaid maternity leave period. 

strawb_shortcake

I was told if I left after maternity leave I'd have to pay anything in excess of SMP, without working 4 weeks notice, as I recall this was quite some time ago though

LightFlare

Op - you need to check with HR/payroll of your current employer.

There may be money to be paid back to them.

As you say you have already handed in your notice, then this request may be forthcoming. To avoid any surprises, you may be best sending off a polite enquiry

Spendless

Also you might be owed money because doesn't your entitlement to holiday pay still accrue? Unless youve already received this?

When I had my kids the rules then were the same as previously mentioned if you received more than statuory maternity pay then you had to return to your employer (no idea how long for) or pay the extra bit back. It didn't apply to me anyway I never worked anywhere that offerred more than statuory. . 

Dogsarethebest2025

Dogsarethebest2025 said:

Hi all, 

I am currently in my final 3 months of maternity leave (I have just started the unpaid last 3 months) and I also handed in my notice at my job as they require 3 months. 

I was looking for a part time 16hr weekend position which my old job couldn't offer me, can I start this job now as I have a position available for me nearby? 

I can't see any specific restrictions in my contract as I am in my notice period and the unpaid maternity leave period. 

I only get paid the statutory pay so I don’t have anything to pay back. I won’t receive my holiday pay for the time I was off until December. 

joimnrt

Once you are under jobs contract with them , most companies for maternity leave have to pay anyway.
 

 

KP20

No problem with taking a new job as long as you are not still receiving SMPay.

The issue will be whether your current employer has a contractual requirement for you to notify them of other employment, because that's a breach of contract, even more of a problem if you're going to a competitor.

Have you asked if they would waive your notice period as you're on leave anyway? You would be giving up the remainder of your 13 weeks' of holiday accrual (potentially around 1-1.5 weeks).