Work entitlement

Bellabella14

I an due to return to work in a couple of weeks after maternity leave. I am not returning to my current employer due to poor working conditions / pay. Can anyone advise me how much notice I have to give that I'm not returning? Can it be done via email? I have worked for company for 3 years
( 40 hr wk ) and have never been paid for Bank Holiday. Since I have gone on maternity I was told I don't accumulate calendar holidays for the 26weeks? I also was never paid for any doctors / hospital appointments during pregnancy. Pls help.

therecklessone

Hi OP, this sounds like a real mess so my commiserations.

Your first port of call when researching these matters should always be the Citizens Information website, and their page on maternity leave rights is here: http://www.citizensinformation.ie/en/employment/employment_rights_and_conditions/leave_and_holidays/maternity_leave.html

Firstly your notice period: your are required to give four weeks notice of a return to work following maternity leave, so I would imagine the same should apply here. Regardless, your contract will state a minimum notice period for resignation, so make sure you comply with that. It is very important that you stick to your obligations should you be interested in pursuing your entitlements in the other matters.

Does your employer pay your salary (above what your receive as payment from the DSP for maternity leave) while you are out? If so do not be surprised if they cease that during the notice period.

I would recommend giving your notice in writing rather than email, and given the account you've given of your employer in this thread I'd do so by registered post to record delivery.

On the issue of public holidays:

Employees who qualify for public holiday benefit will be entitled to one of the following:

A paid day off on the public holiday
An additional day of annual leave
An additional day's pay
A paid day off within a month of the public holiday

source

Have you been provided any of those? If not your employer may have breached Section 21 of the Organisation of Working Time Act 1997

While on maternity leave you do accrue annual and public holiday entitlements, as per Section 22 of the [url=http://www.irishstatutebook.ie/1994/en/act/pub/0034/sec0022.html#sec22[/url]Maternity Protection Act 1994[/url] and Citizens Information state:

Apart from pay and superannuation, time spent on maternity leave (including additional maternity leave) is treated as though you have been in employment, and this time can be used to accumulate annual leave and public holiday entitlement

Finally under Section 15 of the same Act you are entitled to paid time off for ante- and post-natal care.

You have a decision to make here: either resign and have a clean break with a new start, or resign and pursue your statutory entitlements which may take some time. If you choose the latter you should visit your local Citizens Information office who will advise you on this matter, though you may need to employ the services of an employment solicitor at a later stage.

Best of luck.

Bellabella14

Thank you so much for your reply!

Sometimes you start to think your in the wrong when someone is so adamant there in the right.

It is a real mess your right there, I only really started to analyse it when I started my maternity leave cause I never had time before, I was kept too busy to think about anything other than work and deadlines!

I am only getting state Maternity payment, so I don't have to worry about any payments from my employer been ceased.

When I send my resignation I will probably have to move house and change my phone number .... Yes that bad!!!

I will post how it goes.

Thanks again for your very helpful reply.