on mat leave but wanting to resign?

nds

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hi!
i've been thinking about my job lately, i do enjoy what i do but not so much the place any more. i also am unsure if i want to work full or part time due to childcare.


my question is basically when can i resign?

i heard somewhere about having to pay your full maternity pay back if you resign on mat leave but have also heard of people 'never going back' with no mention of this?


it is only a small business, owned by one gentleman, with about 12 of us there. so not a big chain and i don't expect i could be quite as easily replaced (if necessary) as say someone who worked restocking shelves in a supermarket or say in retail eg like topshop.


i have worked there for four and a half years. in october 2013 i went on maternity leave, returning in march 2014, so four months later (i gave birth but sadly she passed away so i wasn't going to take my entitled 9 months). in august 2014, five months later, i went on my current maternity leave. it is planned for me to return in may 2015, but i am not sure i want to.


i think my notice has to be four weeks (or a month?). if this is the case;

- when would i hand it in?
- would i have to pay any or all of my mat pay back?


another girl who is currently on may leave has been allowed to drop to part time when she returns in january. i would request too but, my boss never gives a straight, quick or definite answer until absolutely necessary (if important enough anyway).


also, a lot will have changed staff wise by may, we have just taken another trainee on, this other lady will be back part time, one lady will be leaving july and another on maternity leave, so i really think he will have no idea how it will work or what's going to happen staff wise which whilst debating leaving, really is no good for me as i need to sort childcare.


anybody any ideas, would be so so helpful or could point me in the right direction (pref without having to spend £20 on a phone call!)


thanks so much in advance
x
 
Your notice period is the same as it would be if you were working so if you wanted to resign at the end of maternity leave do so the required weeks beforehand

Regarding maternity pay, if you were paid anything over statutory maternity pay you would probably either need to go back to work for a period of time after (my place is 1 month) or pay back everything you received over smp. If your company didn't pay you anything extra then you don't need to pay anything back.
Just be careful with your holiday pay if you resign as if you leave before the end of entitlement year and have used all your holiday then you would need to pay any of that back
 
There's a really good website called maternity action. Really helped me with law on employment while pregnant/new mums worth a look x
 
Your notice period is the same as it would be if you were working so if you wanted to resign at the end of maternity leave do so the required weeks beforehand

Regarding maternity pay, if you were paid anything over statutory maternity pay you would probably either need to go back to work for a period of time after (my place is 1 month) or pay back everything you received over smp. If your company didn't pay you anything extra then you don't need to pay anything back.
Just be careful with your holiday pay if you resign as if you leave before the end of entitlement year and have used all your holiday then you would need to pay any of that back



i wouldn't have used any holidays, as it runs january to january, and i was paid SMP for what will be 39 weeks..

so i wouldn't be required to pay anything back?
x
 
also, if i wanted to get a new job i would only be able to start once my mat leave is over (with the last four weeks of that being my resignation notice period), am i right? xx
 
Your notice period is the same as it would be if you were working so if you wanted to resign at the end of maternity leave do so the required weeks beforehand

Regarding maternity pay, if you were paid anything over statutory maternity pay you would probably either need to go back to work for a period of time after (my place is 1 month) or pay back everything you received over smp. If your company didn't pay you anything extra then you don't need to pay anything back.
Just be careful with your holiday pay if you resign as if you leave before the end of entitlement year and have used all your holiday then you would need to pay any of that back



i wouldn't have used any holidays, as it runs january to january, and i was paid SMP for what will be 39 weeks..

so i wouldn't be required to pay anything back?
x


Yep nothing to pay back if you were only paid smp so i think you could resign at week 35 of maternity leave with the last 4 weeks being smp up to 39. Then for your final wage you would be paid any accrued holiday from January upto your leaving date and that would be you last wage after smp

If you found a new job you could start the first day of the first week after maternity ends so think of it as Monday of week 40 (smp would end the Sunday of week 39 I think)
 
i have decided to request part time, i will be doing this within the next few weeks and have asked he let me know within 28 days so i can make childcare arrangements.

not actually entirely true as if it is refused it is likely i will find another job.

i will not hand my resignation in until the period required - do i need to state why i'm resigning?

if so is unsuitable hours a reason? will he be pissed off if if i have to state this? if i don't state this and he knows this is really my reason for resigning will that reflect badly? will i get in trouble? x :x
 
You dont need to give a reason for resigning, I've always just stated that I wish to terminate my employment with them from the date I want. They can't do anything about you resigning for whatever the reason x
 
that's okay then. thank you so much for your help.
x
 
what does anyone think to this part time hour request letter.. hubby wrote it but not sure myself.


"Dear

As you are aware I am currently on maternity leave, with my return to full time regular work scheduled for May 2015. However having discussed with my family child care arrangements, I would like to request that when I return, I do so on a part time basis.

My intention is that this letter is considered an application for flexible working hours so that I can look after my son.

I understand that this will have effects on Station Dental Practice with regards to staffing; however I am willing to be flexible to assist in any way I am able to. I am proposing that I work 3 days a week on my return.

It is my understanding that this has been granted for other employees with parental responsibilities and I would very much appreciate your assistance on this.

So that I can begin to make child care arrangements, please can I know, within 28 days; if it is possible to grant my request and what days I would be asked to work.

Once again, I appreciate your assistance on this and if you have any questions please do not hesitate to contact me.

Yours Sincerely"
 
what does anyone think to this part time hour request letter.. hubby wrote it but not sure myself.


"Dear

As you are aware I am currently on maternity leave, with my return to full time regular work scheduled for May 2015. However having discussed with my family child care arrangements, I would like to request that when I return, I do so on a part time basis.

1 - My intention is that this letter is considered an application for flexible working hours under regulation BLAH blah blah - I can't remember which one but know it's on my form.

I understand that this will have effects on Station Dental Practice with regards to staffing; however I am willing to be flexible to assist in any way I am able to. I am proposing that I work 3 days a week on my return.

2 - ***It is my understanding that this has been granted for other employees with parental responsibilities and I would very much appreciate your assistance on this***
I would remove this paragraph as under the regulations you have the right to ask and they have to see if they can accommodate it

So that I can begin to make child care arrangements, please can I know, within 28 days; if it is possible to grant my request and what days I would be asked to work.

Once again, I appreciate your assistance on this and if you have any questions please do not hesitate to contact me.

Yours Sincerely"


There is a regulation you can quote to say & I would remove s paragraph. I have noted (hope you can see) will go see if I can find the regulation to quote if I kept a copy of my form
 
Nope can't find it but came up with some useful stuff via www.gov.uk
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yes i agree on point 2 was going to say but thought i would let someone pick up on it without my pointer, thought it sounded a bit rude to be honest! otherwise is it okay??

ah thanks so much you're an absolute star x
 
sorry i just have one more question. we work mon-fri and my mat leave finishes saturday 2nd may - if my notice is four weeks - when exactly do i hand it in? without having to work any days - if i do leave, i am worried he will call me or want to meet with me and ask me why! - also if my mat leave finishes then and i find a new job does that mean i could start the new job as of monday 4th may? x
 
I would say you would resign by Friday 3rd of April to terminate your contract of employment on Friday 1st May (4 weeks notice) and I think SMP would still pay to the 2nd. (I'm pretty sure but may need to look it up but benefits are paid for a 7 day period
At least then if I'm wrong about smp paying till the 2nd anyway it's only 1 day.)

You are then free to begin working for a new employer from Monday 4th. I would also ask them to confirm in writing the amount of holiday you have outstanding (don't forget to include bank holidays if usually paid) so you know how much you should be paid for on your final wage x :)
 
okay - if i miss the 2nd pay date, does that affect anything other than my not being paid for one day?

i'm not entirely sure how many i would, i'm not sure how it works out, i just know we are paid for bank holidays and we get 21 days a year paid holiday? should i just write literally 'could you please confirm in writing the amount of unused holiday, including bank holidays, i will have accrued up until my contract terminates'? xx
x
 
It doesn't affect anything other than the pay but as I say I'm pretty sure it should pay the full week

Yeah just ask how much holiday there will be including bank holidays. You should get a pro rata amount for 2015 up until your leave date but also don't forget about this years if you didn't use it all before starting maternity, you should also get this years bank holidays back
 

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