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Quick maternity question- resigning

Discussion in 'Workplace dilemmas' started by Blue_y, Dec 4, 2018.

  1. Blue_y

    Blue_y New commenter

    I have also posted this on Career Clinic but this forum gets a bit more traffic!

    I am going on maternity leave Feb half term and I am resigning my post- i.e not going back. I am aware this means I will only be able to receive the SMP pay until November.

    In my letter to the head, I have stated when I wish maternity to start and that I will be resigning my post/ not returning to work, however do I need to add anything about dates linked to resignation?

    As I believe it, I have just put dates to leave for maternity, and the fact I am resigning- that's it- once I go in Feb half term, that's it.

    Am I correct?

    Thank you!
    PE_Factory likes this.
  2. Flanks

    Flanks Established commenter

    I would check with HR first, as you will be on maternity while the year ends/begins. If you wish to resign, then you want to clearly state your resignation date as late as possible to make sure that you don't forfeit any entitlements. If you are vague then they may treat it as resigning at an arbitrary date.
  3. frustum

    frustum Lead commenter

    You need to say that you are resigning with effect from 31st December (that's the last date you are entitled to resign before the year is up). That way there will be no problem continuing to receive maternity pay until November, and you also count as "employed" until December. It's unlikely to matter, but it affects the odd pension benefit, so you might as well.

    However, you might wish to leave formal resignation until later, and instead just let them know informally that you do not currently intend to return. Again, it's unlikely to matter, but there's a small chance that your circumstances might change - for instance your partner might be made redundant, and you might then decide that you will return and they'll do the childcare. The school can advertise as "temporary/maternity cover in the first instance", and you can formally resign nearer the time. The school will appreciate knowing your intentions, as it means they can say to applicants that there is likely to be a permanent post. It probably won't be a problem that they can't advertise it as permanent, because appointing midyear, they might prefer to "try before they buy" anyway!
    JohnJCazorla, agathamorse and Flanks like this.
  4. Piranha

    Piranha Star commenter

    I would also suggest seeing if your union can help, as it is better to get expert advice rather than rely on opinions on this forum. For what it is worth, my understanding is that notice has to be given according to your usual contract. Assuming Burgundy Book or similar conditions, that would mean leaving at the end of April, August or December. There is no obligation to say you intend to resign before starting maternity leave - I think it better not to do so in case circumstances mean you change your mind.
  5. marymoocow

    marymoocow Star commenter

    My HR told me not to state my resignation in the formal letter just my maternity leave date and to ask them to hold the maternity pay over so you dont have to pay any back. This is to protect you if heaven forbid anything went wrong. Informally I told the school that I intended not to return.
  6. Sundaytrekker

    Sundaytrekker Star commenter

    As above, unless your circumstances included moving away, I wouldn’t resign at this stage. Our LA’s notification form for maternity leave includes the option not to be paid the additional maternity pay so that you don’t have to repay this later. I’m afraid you do need to consider the ‘what if...’ scenarios. Yes, have an informal chat if you wish then hold off from resigning until later in your maternity leave.
  7. jubilee

    jubilee Star commenter

    I second the advice that you should not submit a resignation yet. Simply inform them that you want your maternity leave to start on the first day back at school after the February half term.
    I had one pregnancy that ended with a stillbirth at 24 weeks. I had another that went to 27 weeks with a live birth and a healthy baby.
    You could also consider returning to work for the last week of term in July or the first day of the summer holiday. That would take care of 6 or 7 weeks of the 13 needed to keep your occupational maternity pay. You still have (ahem!) a sick leave allowance that might cover more of the 13 weeks. Do you have family support to give childcare for a few weeks?
    keep it simple for now and just give school the minimum information required
  8. frustum

    frustum Lead commenter

    Returning at the start of the summer holiday means full pay for that period, but would only be useful for the OMP if you stay on in September, and then the rules on resignation dates mean you have to stay until the end of December. However it's worth checking whether the full pay for the summer holidays is more than the SMP for summer holidays until November.

    Returning at the start of the May/June half-term means you can get 13 weeks in by teaching only half a term, but is rather early to go back, especially if your long-term plan is not to return. However if your partner is able to take shared parental leave, it's something some people would consider.

    I don't know whether anyone has tried using the shared parental leave rules to return for just the summer holidays and then go on leave again. I think you can have more than one chunk of leave under those rules, so Feb-Jul and Sep-Dec, but I'm not certain of how it works. If that is allowable, surely every teacher is going to return to work for the duration of the summer holidays?!

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