Our employment law specialists at Howells Solicitors were recently asked to provide insight and clarity to the following question from workingmums.co.uk/:
The Question
‘My wife is currently working as a teacher and is due to give birth next month. Her return to work date following maternity leave is in May.
As a teacher, she is required to serve a three month notice period, meaning she would have to provide her notice of resignation before May 31 to begin a new job at the start of the following school year in September.
If she was to return to work after her maternity leave on May 23, and immediately hand in her letter of resignation, would her three month notice period qualify as the three months needed to return to work without having to pay back any maternity pay?
We have an additional concern in that teaching references are often reviewed at the start of the interview process, so her current place of work would be informed. Although, as she is returning to work after her maternity leave, would this even be an issue at all?’
Howells’ Response
Many thanks for your query. Whether or not serving notice of resignation will affect the obligation to repay enhanced maternity pay depends upon the specific terms of both your wife’s contract and of the enhanced maternity pay policy.
I would therefore recommend that your wife requests copies of these documents from Human Resources so that you can both review the terms yourselves.
I would also recommend that your wife’s contract is checked for any collective agreement forming part of its terms, such as the Burgundy Book for example or an applicable local agreement.
Enhanced maternity pay will often depend on a number of eligibility criteria such as a minimum length of service and minimum earnings threshold. I have assumed that the obligation to repay only applies to enhanced maternity pay and not statutory maternity pay.
If your wife is not in receipt of enhanced maternity pay (i.e. she is receiving statutory maternity pay or statutory maternity allowance) then she would be entitled to retain statutory payments whether or not she returned to work.
Without seeing these documents I am unfortunately unable to assist further. If you are unable to obtain or find these answers within the mentioned documents, I would recommend your wife contact the trade union they may be able to provide advice with the benefit of sight over the relevant documents.
Failing this, please feel free to Contact Us at Howells Solicitors in South Wales.
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