Can they do this to me? :x

Hello ladies.

I wrote a letter to my manager to say I was resigning after my mat leave. I didnt include any dates as I wanted to know if I would be receiving my hol pay as a lump sum, or added on the end of my mat leave. Letter dated 23rd dec.
I then sent another letter recorded delivery yest say which said...
I hope you are well. I have not yet had a reply in response to my resignation letter dated 23rd December. In case you did not receive it, please find a copy of the letter enclosed. I would be grateful if you could let me know whether I shall be paid holiday pay owing as a lump sum or whether it will be added to the end of my maternity leave as paid holiday, since this will affect my end date and hence my maternity benefit.

I receive a letter from my manager this morning saying she terminated my mat leave on 23rd dec. Have included my entitlememts to the calculations so my actual leaving date was 16th Jan!!

My mat leave letter from HR resources says they would expect me to return to work on 16th feb, this does not included any remaining annual leave. My daughter came a month early so it should be 1st feb or there abouts.

Therefore according to the letter from Hr My entitlements should be added to the end of my maternity leave which should be the end of feb right? Or am I reading something wrong hear?
If Im wrong my working tax and child tax etc is mucked up as it end feb 4th so I will have to back pay some. In addition, if they are right and my assumption of end date being feb is wrong, will this affect (?sp) my smp?

Please someone help me try and understand what position I am in. I want to know where I stand before ringing HR.

Thanks for reading image xxx


  • Oh goodness - It depends what your maternity package was with your employer really - for example I had to return for at least 16 weeks of work or payback the additional Mat pay I had had from them (not my SMP but the additional).

    It sounds complicated but I think what you have sait sounds right - might be worth phoning CAB or some such!
  • Your employer sounds like they have cocked up. Whilst on maternity leave you still have to give the same notice as if you were there full time - i.e. if you have to give 4 weeks notice on your contract then that is what you have to give while you are on leave. If you clearly stated that you wanted to terminate as of end of leave then they have to take it from that date. #

    holiday entitlement is complicated as the rules changed in october so it depends when your leave started and if your employer has any special arrangements.,

    Please get advice as this sounds like they have cocked up big time. Either talk direct to hr, a solicitor or cab as first point of call.

    Good luck in getting it resolved.
  • you could also talk to ACAS who should be able to give you a bit of info about the situation, or the 'rules' about it all.

    sorry to hear its all getting messy. Might have something similar to come with my SMP and leave as my boss thinks its just paid for 6 months and is about ??70 a week..... :roll:

  • There are govt leaflets foe emploers oulining the rules. The summary of what you are entitled to and rules is on here:

    There is more detailed employer info somewhere.

    It can help if you can point them in the righ direction.
  • I jsut said resigned. I spoke to HR they said they took it from date I said as it was before the months notice....soo compliacted. Was abit annoyed think the women could tell by my voice! Gona chill out a bit and consider ringing manager later. Hoepfully they can just change my end dates. Cos apart from that its no hasssle to them. Just hassle to me because I need to change my working and child tax etc.
  • So did you say you wanted to "resign at the end of my maternity leave period" or "resign"? If the latter then unfortunately they are allowed to take it from the date of your letter, as stupid as it is because they must know you wouldn't want to lose any maternity pay and actually volunteer to go earlier.
  • I had to return to work for the mimum of 16 weeks after my maternity leave or pay 90% of it back. I did drop my hours to part time, going from a 5 day week to a three 1/2 day week, Most business have a simular policy so they get something back for basicly paying you to not be there. Give HR a ring and double check. They should have given you a copy of their policy so you could make the right choice for you.

    Kerry, Freya and Pink Bump
    X X X
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