A member of support staff left on maternity leave last May. She has commented she would like to come back full time. In order that she does not have to pay her maternity package back she has to come back and work three months. However when she returns she would like to take May half term then the whole of August as holiday. This way she would take all 36 days leave before returning to work.
It would seem she would only have to work 7 weeks in those three months.
We have someone covering on a fixed term contract. This contract is due to end at the end of May. The employee on maternity leave has asked if we can keep on the maternity cover until 1st September.
The person who is covering maternity leave is a very good worker and we are reluctant to let her go. Does anyone have some advice or views on this scenario. I think our hands are tied??
As long as you have the money to pay both employees, then you can keep them. Otherwise, the person coming back from mat leave needs to be considered first. And she may or may not resign after 3 months.
You as a business have to decide (in general not related to this case) what the point of getting someone to come back for three months is and if in effect it encourages "gaming" like this (perfectly reasonably on behalf of employee). Three months to my mind has always been neither long enough to show real commitment or short enough to make much difference.
On the substance I agree with Marcin broadly. You can keep both on if you can afford it and this doesn't stop your maternity lady coming back to her original job.
