How Long After Maternity Leave Can You Quit
Resigning during pregnancy and motherhood or shared parental exit
Last updated: 10 Aug 2021
This article explains what to practise if you lot want to resign from your chore during pregnancy, or if yous practise not wish to return to piece of work after maternity or shared parental leave. It also explains how resignation may bear on your rights to motherhood and shared parental leave and benefits. The principles outlined in this article also apply to adoption leave and Statutory Adoption Pay.
If yous would are facing redundancy or dismissal, delight see our other articles on:
- Dismissal during pregnancy, or maternity, adoption or shared parental leave
- Back-up while significant, or on maternity, adoption or shared parental exit
Find requirements
If you wish to resign during pregnancy, or do non wish to return to piece of work afterward maternity or shared parental get out, you should resign giving detect in the usual fashion.
Your employment contract should say how much notice y'all should give your employer. If there is nothing in your contract, you need to give at least a week's notice (if yous take been employed for more than a month).
Normally, your chore will end at the end of your notice period, and you lot remain employed during this menses. You will continue to accumulate benefits such as annual leave, and you lot can besides take sick leave during your observe period.
Withal, your employer may cull end your employment straight away and requite you pay in lieu of notice, instead of asking y'all to piece of work during your notice catamenia. In order to requite pay in lieu of notice, your employment contract should specify that your employer has this correct.
When should I time my notice if I don't desire to return to piece of work after maternity or shared parental leave?
If y'all are on maternity or shared parental leave, you should think carefully about when you would like your employment to end.
If you resign during your leave menses, you do not have to go back to work as long as the length of leave yous accept remaining is equal to or greater than your notice catamenia. Even so, if you resign too early, you may miss out on benefits that accrue during maternity get out, such as annual leave.
Similarly, if wait until the final day of your go out to resign, your employer can ask you to work your notice menstruation. You may be able to concord with your employer to take carried over annual leave during your notice period. However, your employer does non demand to agree and tin pay you lot in lieu once yous resign.
If yous practice non wish to render to work at all, a practiced option may exist to fourth dimension your resignation and notice menstruation with the stop date of your exit catamenia. For instance, if you take a four calendar week notice period, you can give detect 4 weeks earlier the end date of your maternity or shared parental leave.
Rights to statutory go out and pay
If you resign while meaning, you will not be entitled to have maternity leave, but you lot may nevertheless exist entitled to pay. If you want to merits Statutory Motherhood Pay (SMP), yous demand to yet be employed past the end of the 15th week before the week your baby is due (chosen the 'qualifying week'). If your task ends before this week, yous will non be entitled to SMP, but you may be entitled to Maternity Assart instead.
If you resign during maternity leave, and during the 39 week maternity pay period, you will be entitled to exist paid any remaining SMP or Maternity Allowance.
Similarly, if you you resign during shared parental go out, yous are entitled to be paid any remaining Shared Parental Pay (ShPP) for the leave already booked. Yet, if you resign before the leave begins, y'all volition non be entitled to have shared parental leave or ShPP because a condition of the leave is that you are nonetheless employed at the kickoff of the leave period.
Do I need to repay any maternity or parental leave pay if I resign without returning to work?
You do not have to repay any of your SMP, ShPP or Maternity Allowance if you resign.
If you received enhanced maternity or parental pay over and above the statutory entitlement, your employer may inquire yous to repay this if you resign within a sure period of time later on taking maternity or shared parental leave.
Nevertheless, y'all would merely take to repay the topped up portion of the motherhood or parental pay, and merely if information technology is stated in your contract or agreed in advance with your employer before you started your get out. They tin can deduct any enhanced pay from coin that they owe you from outstanding wages or almanac go out. But your employer cannot enquire yous to pay back whatever statutory pay.
If this applies to y'all, a expert option might be to return to work for a brusk period after maternity or shared parental leave and resign at a afterwards engagement in guild to avert repaying enhanced pay. Yous are counted equally being back at work if you lot are on annual or sick go out, but you lot should check the terms of the enhanced pay advisedly.
Payments during notice period
On resignation, you are entitled to exist paid for any outstanding annual leave that has accrued during motherhood get out upward to the stop of your notice period.
You besides may be entitled to observe pay. If yous resign while you are pregnant and earlier the offset of your maternity or shared parental exit, yous are entitled to be paid your ordinary contractual wages for detect period.
If, yet, your find period covers a period of your maternity or shared parental leave, you lot may but exist entitled to outstanding maternity pay (e.g., SMP).
This advice applies in England, Wales, Scotland and Northern Ireland. If yous live in another office of the UK, the law may differ. Please telephone call our helpline for more details.
If yous take further questions and would like to contact our advice team please employ our communication contact class beneath or call united states of america.
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The information on the law independent on this site is provided free of accuse and does not, and is not intended to, amount to legal advice to any person on a specific case or matter. If y'all are not a solicitor, you are advised to obtain specific legal advice almost your example or thing and non to rely solely on this information. Law and guidance is changing regularly in this area.
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Source: https://workingfamilies.org.uk/articles/what-happens-if-i-resign-at-the-end-of-my-maternity-leave/
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