If you take the additional maternity leave, you may return to your old job, or you might be offered appropriate similar employment. Occupational maternity pay is a benefit provided by your employer and you will need to check your contract or maternity policy for your employer's terms and conditions. You are entitled to ask for written reasons if you are dismissed during pregnancy or maternity leave. Your employer may be willing to waive repayment of your occupational maternity pay as part of an exit settlement if you are not able to return to work after maternity leave. This Maternity Leave Dates Confirmation Letter enables an employer to acknowledge an employee's chosen start date for her maternity leave. If your employer does not pay your full SMP or goes into liquidation, you can contact the HMRC Statutory Payments Disputes Team on 0300 322 9422 and ask for payment, see below for Where to go for more help. Highlight if an absence is work-related . Dear xxxxxxx. Found inside – Page 140Maternity Leave A woman who has two years' continuous service by the eleventh week before her baby is due has the right to return to work after the birth, ... It is possible that a car allowance is considered to be part of ‘remuneration’ and is probably not payable, however, the law is unclear. As I'm on mat leave currently the mortgage company want a letter from my employer stating my return to work date and salary as I'm dropping my hours to 3 . Found insideThe advent of NHS in order to return to work part - time after trusts means that RCM members may also need to familiarise themselves maternity leave . If there has been an overpayment of pay or maternity pay during your maternity leave, your employer can recoup it. Can I take on another job during maternity leave? Baby talk: Find yourself talking about your baby a lot? Found inside – Page 5112... Abstr . ) Maternity leave and job security : a prescription for improved ( Early return to work after arterial surgery and strict control quality of ... When returning to work after Ordinary Maternity Leave (the first 26 weeks of your Statutory Maternity Leave), you have a right to the same job and the same terms and conditions as if you hadn't been away. This includes disputes about Statutory Maternity Pay/Adoption Pay/Paternity Pay/Shared Parental Pay/Parental Bereavement Pay or Statutory Sick Pay, See: https://www.gov.uk/guidance/statutory-pay-entitlement-how-to-deal-with-disagreements. Holiday, sickness and leave. You should return to the same job if you took . read more on Returning to work at the end of maternity leave Returning to work at the end of maternity leave. To check your eligibility see www.gov.uk/civil-legal-advice, To search for specialist legal advisers or solicitors in your area see: https://find-legal-advice.justice.gov.uk/, Help and advice on discrimination and human rights www.equalityadvisoryservice.com, Helpline: 0808 800 0082 Mon – Fri 9am – 7pm, Sat 10am – 2pm, Equalities and Human Rights Commission (EHRC), For information and advice about discrimination law www.equalityhumanrights.com, For information for employees and employers about pregnancy and maternity rights in the workplace see: www.equalityhumanrights.com/about-us/our-work/key-projects/managing-pregnancy-and-maternity-workplace, The government’s online information service www.gov.uk, To make new telephone benefit claims or request claim forms, including Maternity Allowance and Sure Start Maternity Grant: 0800 055 6688 Mon – Fri 8am – 6pm, For ESA/JSA/Income Support claims: 0800 169 0310 Mon – Fri 8am – 6pm, For Maternity Allowance claims: 0800 169 0283 Mon – Fri 8am – 6pm, For Sure Start Maternity Grant claims: 0800 169 0140 Mon – Fri 8am – 6pm/For Best Start Grant claims in Scotland: 0800 182 2222, Universal Credit helpline – for new claims and existing online claims: 0800 328 5644. If you are not claiming tax credits you may be eligible for Universal Credit during or after your maternity pay period. You can be made redundant during maternity leave if it is a genuine redundancy situation such as where the workplace is closing, there is less work to do or your employer needs fewer employees and you have not been selected because of your maternity leave. Found inside – Page 761However, the EAT questioned whether an employee on maternity leave would have ... of work when they seek to return from maternity leave into the workplace. Occupational maternity pay is a benefit provided by your employer and you will need to check your contract or maternity policy for your employer’s terms and conditions. You are entitled to your normal contractual terms and conditions, apart from ‘remuneration’ (your wages/salary), during ordinary and additional maternity leave. Your rights during maternity leave If so, your resignation after maternity leave needs to be handled sensitively and diplomatically. You may be able to claim Universal Credit (if you are not receiving Child or Working Tax Credit) if you are on a low income, you have had a new baby or during maternity or parental leave. What the law says about breastfeeding mothers at work . If your role is at risk of redundancy during your maternity leave, you are entitled to be offered a suitable alternative vacancy if one is available, however, this protection no longer applies once you have returned to work. Looking to return to work after maternity leave? If you bring a tribunal claim for automatic unfair dismissal and discrimination during maternity leave, your employer will have to prove that the dismissal or unfavourable treatment was not because of your absence on maternity leave. Yes, if your employer agrees, you can work for up to 10 days during your maternity leave without this affecting your entitlement to statutory maternity pay. To work out what will be best for you see: https://www.gov.uk/childcare-calculator. If you think that you have suffered unfavourable treatment because of your pregnancy or maternity leave, you should seek legal advice as soon as possible. The outcome of tribunal cases can be uncertain and you need to be sure that any compensation awarded (if your case is successful) would cover your legal costs. If you enjoy your work and like the people you work with, you may have mixed feelings when you go on . (3) A person (A) discriminates against a woman if A treats her unfavourably because she is on compulsory maternity leave. During your maternity leave you remain employed by your existing employer and you are bound by any terms of your contract. Dear Jane, During these past two months on maternity leave, I've spent a lot of time thinking through my next steps. Whilst it is important to keep talking to your employer (and you must explore all avenues for trying to resolve it if you are thinking of making a claim in a tribunal), you must bear in mind that there are strict time limits for making employment tribunal claims. You are entitled to take sick leave if you are not well enough to return to work after maternity leave and you should provide a sick note and follow your employer’s normal sickness reporting procedures. It might help to ask your HR or payroll department to help resolve any maternity pay issues. eligible for . An agency worker may be able to get Statutory Maternity Pay from your agency or you may be able to claim Maternity Allowance from the JobCentre Plus instead. Send this letter to an employee who has requested a phased return to work following her maternity leave to outline the working arrangements for this period. If you are an employee you are entitled to maternity leave, with the right to return to the same job, as well as any maternity pay that you qualify for. Found inside – Page 90... go back to her previous job and if she did not return to work, she would have to repay the money. And while maternity leave might be considered once or ... Well yes exactly! But apparently they can't do this.The mortgage advisor who was doing the application was incredulous, she said she'd done loads of applications for people on mat leave and employers are usually happy to write a letter with this info on. Am I entitled to the same rights at work during maternity leave? Found inside – Page 1807Applications to leave the Army from : Officers ! ... leave the services , but have an option of either leaving or returning to work after maternity leave . Found insideMaternity leave and pay The new laws on maternity leave and pay and new ... for returning to work , her employer's refusal to let her return to work was ... If you're pregnant, your employer must protect your health and safety, and you may have the right to paid time off for antenatal care. Your holiday entitlement is based on your current contract of employment. For more information, see Continuing to breastfeed on return to work. Therefore please accept this letter as my formal request, under the statutory right to apply for flexible working - (The Employment Act of 2003), to reduce my number of working hours after the end of my maternity . Of course you can change your mind, they won't be liable to the mortgage company if you do. 22rd May 2014. – You are protected against unfair treatment, unfair dismissal and discrimination because of pregnancy, childbirth and maternity. They know I'm on mat leave because they have my last 3 months wage slips, and they need confirmation of my return date and expected salary. ), Company no. If you do take 52 weeks, you don't legally have to give any notice that you're coming back. It is very important to get up-to-date advice as law and guidance changes. I'm currently in the middle of moving house <stress> and I'm going through mortgage application process for our new house. To show discrimination on the grounds of pregnancy or maternity leave you do not have to compare yourself to how a man might have been treated but you must show that the unfavourable treatment or dismissal was because of your pregnancy or maternity leave. If you want to make a claim in an employment tribunal you must contact ACAS Early Conciliation on 0300 123 11 00 first. Bayliss1 Tue 20-Dec-11 15:15:23. It is important to talk to your employer if you are concerned about changes to your job on return from maternity leave. No further action is required unless the employee changes her mind and decides to return to work early, in which case an ML3 . Preview. Part-time working mums: Any of these sound familiar? This is because in the European Court of Justice case of María Paz Merino Gomez v Continental Industrias del Caucho SA, Case C-342/01 the court said that a woman must be allowed to take the minimum period of paid holiday provided by national law if her maternity leave overlaps a fixed holiday such as a Christmas or summer shutdown. Our guide to your rights when returning to work after maternity leave, and what to do if your employer doesn't give your job back. You must give at least 8 weeks’ notice to end your maternity leave early and you must agree your annual leave with your employer in the usual way. The first £100 per week of SMP and all of Maternity Allowance is ignored as income for tax credits purposes so you may be entitled to more help during your maternity pay period. Don't worry if you change your mind about when to return to work. If you’ve never written one before, and you’re still adjusting to life as a mum and not getting quite the sleep you’re used to, this could feel a difficult task. They are entitled simply to return to work at the end of additional maternity leave. And they can speak to my manager to confirm the change in hours. You are entitled to a final decision within three months of your application so it is important to allow plenty of time. Returning to work after maternity leave letter. Also advise them the date you're returning or if you've had change of heart and want to come back earlier. Yours sincerely, You are entitled to your normal contractual terms and conditions during maternity leave, including bonuses, and you are entitled to be paid it during your maternity leave. You should check your contract or Staff Handbook to see when your holiday year runs from e.g. It is important to try to resolve disputes amicably wherever possible, especially if you want to return to your job, so try to keep talking to your employer and keep it informal for as long as possible. ". Found inside – Page 155Many mothers want to continue to breastfeed after they return to work but do not commonly do so. The length of maternity leave in the UK has been extended ... Statutory Maternity Leave is 52 weeks. Found inside – Page 9310 Oct 1 armed forces , civilian work by reader's letter 19 Dec c armed forces , Gorbachev ... in executive posts 14 Mar W women , maternity leave . Sample letter changing return date from maternity leave. If you or your partner are receiving Universal Credit, Income Support, income-based Jobseekers Allowance or Employment Support Allowance (not contribution-based benefits) or Child Tax Credit you may be entitled to a Sure Start Maternity Grant (England, Wales, NI) or Best Start Grant (Scotland). Am I entitled to a bonus during maternity leave? Feeling guilty going back to work? – You have the right to ask for changes to your hours, days or place of work on return from maternity leave. You can get further advice from Maternity Action, see Where to go for more help. After much debate, I've decided to stay home with my children, and not return to full-time work. What should I do and what am I entitled to? For example, some women return to work when their maternity pay ends after 39 weeks. It's not uncommon for new mothers - and fathers - to change their minds regarding returning to the world of work following maternity leave, many decide that staying at home with their baby is the right decision. You are entitled to keep a mobile phone and company car that are provided for personal and business use during your maternity leave. It's up to mothers to decide how long they want to breastfeed. Feb 8, 2019 - Explore Cardiff Mummy Says's board "Returning to work after maternity leave", followed by 358 people on Pinterest. You have the right to return to the same job after ordinary maternity leave. Your employer can get help and advice about SMP from the HMRC Employer’s Helpline on 0300 200 3200. If you return to work before the end of your OML period, you are entitled to return to exactly the same job on the same terms and conditions as you were doing immediately before your maternity leave. The employee . Once you have notified your employer of your pregnancy, your employer must then write to you within 28 days, confirming the date you have agreed to return after your maternity leave. Returning to work doesn't mean a mother has to stop. My model letter is designed for you to use when an employee has failed to return to work on the date that she was expected to return, and has not been in touch to indicate that, for example, she is sick and unable to return, or that she has decided not to return. The protected period applies throughout pregnancy until the end of your maternity leave period (up to 52 weeks or until you return to work, if earlier). Found insideIt takes an employer just seven seconds to save or reject a job applicant’s CV. In this book, James Reed – chairman of REED, Britain’s largest recruitment company – offers invaluable and specific advice on what employers want to see ... www.gov.uk/fixed-term-contracts/employees-rights. The Grievance Outcome failed to take account of the relevant information presented and/or failed to make findings of fact that were reasonable based upon the evidence presented. Your employer may be cutting work for other reasons, for example, a genuine downturn in the work available, so it is a good idea to speak to your employer informally at first to try to resolve it. Example: If both named applicants earn £20,000 and one is on maternity leave, some lenders will consider your joint income to be £40,000, so as long as you can evidence that whoever is going to be off work - on maternity or paternity leave - will be going back on the same terms of employment. It may be maternity discrimination if your role has been demoted or changed, your responsibilities have been given to your colleagues, or your maternity cover has been kept in your role and you have been disadvantaged because of your maternity leave. The amount you will be paid for all Keeping In Touch days worked. If you are thinking of making a claim in and employment tribunal, you should seek legal advice as there are strict time limits for starting employment tribunal claims. (1) An employee who returns to work after a period of ordinary maternity leave, or a period of parental leave of four weeks or less, which was— (a) an isolated period of leave … is entitled to return to the job in which she was employed before her absence. Your maternity leave . See How to resolve disputes at work, below. It is important to resolve pay issues promptly because if your employer has overpaid your maternity pay they can subsequently ask you to repay it. If you are not offered any suitable alternative vacancies that exist you may have a claim for unfair dismissal, automatic unfair dismissal and/or maternity discrimination. In some circumstances, if your employer’s conduct amounts to a breach of contract and you feel unable to continue working, you can resign and claim constructive dismissal but you should get legal advice first as these can be difficult cases to bring and if you stay in your job for too long you may be considered to have accepted the breach. But you don't have to. For more information on working during your maternity leave see: Keeping in touch during leave. I am writing to you about your maternity leave and pay. You are entitled to any redundancy pay and notice pay that you qualify for, see: www.gov.uk/fixed-term-contracts/employees-rights. If your baby is born before the date when you are due to start maternity leave, you can take extra maternity leave. You are still entitled to be paid for any payments owing during your maternity leave, for example, for any work done before your leave, any keeping-in-touch days that you work during your leave and any bonuses or other sums that become payable. For more information on Universal Credit, see: www.gov.uk/universal-credit You can also get advice from the Citizens Advice free Universal Credit Help to Claim service: England: 0800 144 8444, Wales: 0800 024 1220, Scotland: 0800 023 2581. As a new mother, you must not be required to work at night if night work could . Notification. accept less or no notice at least four weeks compulsory maternity leave are. To the same job, but have an option of either leaving or returning to work early, she give... Long they want to make a claim in an employment tribunal and reached a with. Claiming Tax credits you may be worth exploring ways of returning to work at the of. 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