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Maternity leave - help!

6 replies

susiemj · 26/02/2008 19:22

I'm currently on maternity leave. I have said that I am going back to work as that was original plan. I now think I may not go back. This is due to a number of factors: I was ill throughout my pregnancy and probably will be next time; my mum is very ill and would be good if I could help; my husband may be given work for months on end overseas but we don't know yet.

All of these things are up in the air at the moment and I won't really know anything for sure until April.

My problem is that I have had FOUR messages from work today wanting to discuss 'the future'. I was out thankfully as I don't know what to tell them. I don't want to say I might be leaving as boss is a b***d. I am also worried about losing maternity pay.

I will have to speak to them tomorrow. What am I legally allowed to say in this situation? DH says I should just say I'm coming back and leave the whole issue until we know more but I feel bad about the idea of concealing things from colleagues.

I am due to go back in September BTW. If I were to resign I would do so in May.

What would you do?

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MissingMyHeels · 26/02/2008 19:25

I would keep in touch, call them back, ask lots about the office etc but say that you are sticking to your original plan of returning in September. They can't ask you to return earlier and certainly don't need to know that you are planning on leaving. Give your one months notice a month before you are due back from mat leave, so September.

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flowerybeanbag · 26/02/2008 19:29

susie you can't lose your maternity pay regardless so don't worry about that. The only thing is if you have had enhanced maternity pay from your company over and above SMP, there may be a condition on it that says if you don't return for, say, 3 months, you must pay it back. But if that's the case you should know about it. Your SMP they can't touch.

If you're not sure whether you will be coming back you could be honest and say that, there's nothing wrong with that. But if you feel your boss may pressure you, it may be worth a little white lie and saying that yes you will be back as planned in September. At the moment you are not actually sure you won't be back so it might be as well to continue to work as though you will be until you definitely know otherwise.

They would be foolish to make permanent plans based on that anyway. September is a long way away and huge numbers of women change their mind about returning to work. It would be daft of them to make business planning decisions based on anything you say now.
If you were to say you are not sure, legally they must continue on the basis that you will be back until you definitely formally notify them otherwise. So there's no reason not to be honest other than if you feel it might make things difficult with your boss. WHich is a valid reason, last thing you need right now is more stress!

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TotalChaos · 26/02/2008 19:30

Do as you originally planned. As you don't even know for sure that you don't want to go back.

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susiemj · 26/02/2008 19:34

Thanks for your replies.

Flowerybeanbag - that's very useful. What I'm worried about is that if my boss even gets wind of any uncertainty tomorrow he will take it as my giving notice (or hassle me so much that I do!). He has done worse things! What do you think?

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flowerybeanbag · 26/02/2008 19:39

I think he doesn't sound very pleasant!

If you feel any uncertainty may be pounced on, just be very firm and positive that you will be coming back in September. Even if the worst happens, he can't take any uncertainty as your notice. Worst comes to the worst and he's hassling you, ask him to only contact you via email or letter then hang up the phone. I wouldn't usually advocate being rude but if he is hassling you that's not on!

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susiemj · 26/02/2008 20:06

Thanks - he is AWFUL. No one has any respect for him and the only way he gets things done is through bullying.

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