legalities of maternity leave?

Amberdarcy

I posted this on the families board, but it was suggested that you might be able to help me here...

Morning all

i'm not sure if this is the right place to post this but I'm hoping someone can help. I am currently on maternity leave until October this year, I've taken the full 12 months off. My husband has been offered a new job which will mean I have to hand my notice in. However, our mortgage will be based on my earnings at my current job and we can't afford to move unless we do this (although husbands new salary will cover this amount when we move) so at the moment I can't really hand my notice in.

As far as I knew if you are on maternity leave, you only have to give the same notice as you normally would, so I'm on a months notice, hence I'd have to hand my resignation letter in in September. I got an email from work a couple of weeks ago however, asking if I would mind emailing my with what your preferences are likely to be and that he was requesting this because he has to start discussions shortly with the employee who is providing part of the maternity cover for my post and that recent employment law regulations mean that fixed term contract staff now have to be given formal notice of the end of their contract. I have informed him of the situation with my husbands job but wondered if I can hold off handing in my notice for as long as possible. I wish I hadn't told him, but other work friends knew and it seemed only a matter of time before he found out!

Any comments or suggestions gratefully received!!

Savvy_Sue

Unless that person's fixed term contract comes to an end well before your m/l is due to end, I am not sure why he was asking you now? If you were coming back other than at the end of your planned m/l you'd have to give 8 weeks' notice, ie some time in August.

But yes, until you give notice in writing, you haven't given notice, you might after all change your mind, and AFAIK you can hold that off until a month before you are due back. Obviously it would be friendly to give it as soon as you can.

surreysaver

If you want to go back to work before your 12 months is up, or alter a previously advised return date, you need to give 8 weeks notice. If you wish to hand in your notice, you need to give the period stated in your contract - in your case a month. There is no reason for you to agree to his request to inform him of your intentions - unless you tell them any different, you are returning to work at the end of your 12 months Maternity Leave - that is all he needs to know. If they employ fixed term staff and worry about giving them notice, they need to consider increasing the amount of the notice period that permanent employees give - and should not be harassing their employees whilst on leave.

Bismarck

Do what suits you in this case...you won't do yourself any favours by making the employer's job easier/more convenient...you have the flexibility in your terms for a reason, much as the employer may dislike the consequences.