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Handing in notice during maternity leave

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  • 22-09-2017 8:10am
    #1
    Registered Users Posts: 61 ✭✭


    I am currently on maternity leave and am due back to work at the beginning of November. I have agreed with my manager that i will take some extended unpaid leave and return to work after the christmas holidays.
    My work are not paying me during my maternity so im only receiving the weekly maternity benefit.
    Since telling work when i will return myself and my partner have decided that maybe i will stay at home with our daughter and not return to work.

    I have been there 3 years now, is it bad form to just hand my notice in via email?

    Also am i entitled to any bank holidays i have missed out on since going on maternity leave, even though my company arent paying me during my leave?


Comments

  • Registered Users Posts: 656 ✭✭✭christy02


    niavd wrote:
    I am currently on maternity leave and am due back to work at the beginning of November. I have agreed with my manager that i will take some extended unpaid leave and return to work after the christmas holidays. My work are not paying me during my maternity so im only receiving the weekly maternity benefit. Since telling work when i will return myself and my partner have decided that maybe i will stay at home with our daughter and not return to work.


    Also if you hand in your notice while on mat leave, social welfare will look for your maternity benefit back. Or difference between what you would have got on jobseekers allowance and maternity benefit. Will be almost all of it as you wouldn't be entitled to jsa immediately as you left of your own accord.

    Obviously you can't claim maternity benefit when you don't have a job. Best advice would be go back to work as normal for a few weeks and then hand in notice. Say you are finding it difficult to manage.


  • Registered Users Posts: 2,677 ✭✭✭PhoenixParker


    Hand in your notice when your 42 weeks are up. (26 weeks on mb and 16 weeks statutory unpaid leave).

    You're then entitled to your holidays and bank holidays. Use those in lieu of working your notice. You should be paid for them.


  • Registered Users Posts: 61 ✭✭niavd


    I was going to hand my notice in at the beginning of December, giving them the 4 weeks notice that is requested in my contract. By this stage i will already be into my unpaid leave, will social welfare still want my maternity benefit back at that stage?

    I cant really go back and tell them im taking the full 16 weeks unpaid now that i have given and agreed with them a date for my return can i?


  • Registered Users Posts: 2,677 ✭✭✭PhoenixParker


    niavd wrote: »
    I was going to hand my notice in at the beginning of December, giving them the 4 weeks notice that is requested in my contract. By this stage i will already be into my unpaid leave, will social welfare still want my maternity benefit back at that stage?

    I cant really go back and tell them im taking the full 16 weeks unpaid now that i have given and agreed with them a date for my return can i?

    They won't ask for it back once you're out of the 26 weeks before you officially leave work. I've never heard of them asking for it back tbh, not even sure that's a thing.

    It's in your interests to take the 16 weeks as you'll get more holidays/holiday pay when you resign but there's no obligation to.


  • Registered Users Posts: 61 ✭✭niavd


    They won't ask for it back once you're out of the 26 weeks before you officially leave work. I've never heard of them asking for it back tbh, not even sure that's a thing.

    It's in your interests to take the 16 weeks as you'll get more holidays/holiday pay when you resign but there's no obligation to.

    Do you think i could just 'change my mind' and tell them il be back on such a such a date when my full 16 weeks is up? And then 4 weeks before that just hand in my notice?
    I obviously will want a decent reference if i decide to look for something else in the future so i dont want to leave on bad terms.


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  • Registered Users Posts: 2,677 ✭✭✭PhoenixParker


    niavd wrote: »
    Do you think i could just 'change my mind' and tell them il be back on such a such a date when my full 16 weeks is up? And then 4 weeks before that just hand in my notice?
    I obviously will want a decent reference if i decide to look for something else in the future so i dont want to leave on bad terms.

    Legally you can. Only you know your company.


  • Registered Users Posts: 3,000 ✭✭✭skallywag


    Concerning the reference topic, if you faced up in person and convincingly explained your current position then it's not something that I would hold against you. In my experience the majority of employers tend to be quite accommodating and understanding when it comes to such issues.

    If, on the other hand, you were to communicate the change of heart via an email just four weeks before you are expected back, then I would certainly feel hard done by and you could forget any positive reference.


  • Registered Users Posts: 8,952 ✭✭✭duffman13


    I regularly manage people's return to work following mat leave and I'd say just be honest. Explain to your employer your plans in advance, they may have someone on a contract to cover you and if that's the case, then the more notice of your plans they have the better. It's not unusual and your employer would probably have contingency planned for the eventuality that you wouldn't return.


  • Registered Users Posts: 61 ✭✭niavd


    duffman13 wrote: »
    I regularly manage people's return to work following mat leave and I'd say just be honest. Explain to your employer your plans in advance, they may have someone on a contract to cover you and if that's the case, then the more notice of your plans they have the better. It's not unusual and your employer would probably have contingency planned for the eventuality that you wouldn't return.

    I wish my company was half that organised. They still havnt filled my maternity leave position and just brought a temp in from an agency the day before i left. She is still working week to week and they are still doing interviews. Its so bad lol.
    I just dont know how to go back on my word now that i set a date for returning? I could explain the childcare situation and hope that she understands..?!


  • Registered Users Posts: 831 ✭✭✭Diziet


    Just explain. It happens!


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