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Notice given on maternity leave

redman
redman Posts: 5,500
in Not Sports Related

A woman wants to give notice due to changing career. While on a years maternity leave can she give her 3 months notice, 3 months before the end of her maternity leave? Or can the employer still make her go back and work her 3 months notice?

Comments

  • EastStand
    EastStand Posts: 4,133
    edited 1:37PM
    Mr Google says you can hand your notice in during mat leave and it can run concurrent with mat leave. So no, she would not have to go back and work it. 

    I’m sure there are people on here in law or HR who can give a more certain response though.
  • Covered End
    Covered End Posts: 53,313
    Yes, you can give your employer notice to resign while you are on maternity leave, and your employer cannot make you return to work to work your notice period if your notice ends during your leave. [1, 2]
    Key Rules on Resigning During Maternity Leave
    • Running Concurrently: Your notice period can run at the same time as your maternity leave. If you resign during your leave, you do not need to go back into the workplace to physically work your notice. [1, 2]
    Timing Matters: If you resign so that your notice period ends after your maternity leave has already finished, your employer can require you to return to work for that remaining notice period (unless you agree to use accrued annual leave or take sick leave). [1]
    Statutory Pay: You do not have to repay Statutory Maternity Pay (SMP) if you resign. However, check your contract regarding enhanced/occupational maternity pay, as some company policies require you to repay extra company pay if you do not return to work for a set period. [1, 2, 3]
    Accrued Benefits: You continue to accrue annual leave while on maternity leave, and you are entitled to be paid for any untaken holiday upon resignation. [1, 2]
    If you'd like, I can help you:
    • Check contract terms regarding enhanced pay repayment rules
    • Calculate untaken holiday accrued during your maternity leave
    • Draft a resignation letter tailored to maternity leave
  • aliwibble
    aliwibble Posts: 29,838
    Is she in a union? Best ask them, and if not check with ACAS.
  • jonseventyfive
    jonseventyfive Posts: 3,560
    Fancy getting yourself up the duff son.
  • Dazzler21
    Dazzler21 Posts: 52,483
    redman said:

    A woman wants to give notice due to changing career. While on a years maternity leave can she give her 3 months notice, 3 months before the end of her maternity leave? Or can the employer still make her go back and work her 3 months notice?



    There we go... Though I would check with the Citizens Advice Bureau as AI sometimes includes absolute bullshit social media posts in its "FACTS"

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