When leaving a job during or after maternity leave, it is important to follow the usual process for resigning from a job, including the same notice period. If there is no agreed notice period at work, the law requires at least one week’s notice where possible. An employee who is pregnant or nursing is entitled to an unpaid leave of absence during the period from the beginning of the pregnancy to the end of the twenty-fourth week.
For women considering whether to return to work when their maternity leave ends, there are many practical and legal considerations. If you decide not to go back to your job, your contract will tell you how much notice you need to give your employer. If there is nothing in your contract, you need to give at least one week’s notice.
An employee who has been on unpaid parental leave is entitled to come back to the job they had before going on leave. If you change your mind and want to return to work earlier or later than the agreed date for the end of your maternity leave, you must give your employer at least eight weeks’ notice. Employees must tell you in writing at least eight weeks before they’re due to return to work if they want to stay on maternity leave longer than planned or return to work sooner than.
Over 50 of women return to work after their maternity leave, and most feel guilty about returning to work. If you decide not to return to work, your contract will tell you what notice to give. If you wish to return earlier, such as when your Statutory Maternity Pay ends, you must give at least eight weeks’ notice. If you don’t, your employer can change your return to work date.
If an employee intends to return to work before the end of their full maternity leave entitlement, they must give their employer at least eight weeks’ notice.
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Can you go on the sick straight after maternity leave?
If you are going to return to work after 52 weeks of maternity leave, you do not need to give any notice of return. You can go back to work on the day you are due back and are entitled to your normal pay. You can take annual leave or sick leave if needed. If you want to return before the end of your maternity leave, you must give your employer at least 8 weeks’ notice of the date you will be returning. If you do not give this notice and just turn up at work before the end of your maternity leave, your employer can send you away for up to 8 weeks or until the end of your leave, whichever is earlier.
If your employer did not write back to you within 28 days of the date you gave notice to take your maternity leave stating the date that your 52 week maternity leave will end, they cannot insist on you giving 8 weeks’ notice to return to work early. You should still give as much notice as possible to help you and your employer plan your return to work.
If you decide not to return to work, you can get SMP and MA for 39 weeks even if you do not plan to go back to work or if your employment ends during the SMP/MA period, such as if you are made redundancy. You do not have to pay SMP or MA back if you decide not to return to work. If your employer has given you extra contractual maternity pay, you only have to repay it if that was agreed in advance or specifically stated in your maternity policy.
If you do not want to return to work and need to repay your occupational maternity pay, you can ask to repay any company maternity pay in reasonable instalments, taking account of your household income and outgoings. You may find it helpful to speak to a debt adviser who can help you negotiate with your employer and agree a reasonable repayment plan.
If you are unable to return to work after your maternity leave, you can take sick leave as usual. However, once you are well enough to return to work, you cannot stay off work after your maternity leave has ended, as you will lose your right to return to work if you do not go back at the end of your 52 weeks’ leave.
Ask your employer if you can take annual leave immediately after your maternity leave, which is entitled to at least 28 days paid annual leave. Your normal holiday entitlement continues to accrue during maternity leave, so you may have some holiday owing to you. Annual leave should be agreed with your employer in the normal way and you should not be treated less favorably because you have been away on annual leave.
If you returned to work early and have not used up all your maternity leave/pay but now wish to take some more leave, you could give notice to take shared parental leave. Shared parental leave can be taken by either parent but must be taken within the first year after your baby’s birth. You may be eligible for Universal Credit if you take a period of unpaid leave, depending on your household income, housing costs, and number of dependants.
You are also entitled to urgent unpaid leave to care for a dependant in an emergency. The leave can be used if a dependant falls ill, gives birth, is injured, or there is a sudden problem with arrangements for the dependant (e. g., if your childminder falls ill). You are only entitled to take the time off necessary to deal with the emergency and to make arrangements for the care of the dependant.
If you have been on maternity leave and sick leave for a long time, you may have accrued a large amount of leave. You can take annual leave during sick leave, so you could ask to receive some paid holiday during your sick leave. You are entitled to carry forward 20 days annual leave if you cannot take it because of sick leave.
You cannot take annual leave during maternity leave, but you can end your maternity leave early, giving at least 8 weeks’ notice to end your maternity leave early and agreeing your annual leave with your employer in the usual way. It is a good idea to talk to your employer early in your pregnancy to agree when you will be taking your annual leave so that you can both plan in advance.
The government advises that employers should allow up to 28 days of statutory leave for employees who cannot take all their annual leave in the leave year due to absence on maternity leave, shared parental leave, or other types of parental leave. If your employer offers more than the statutory minimum of 28 days annual leave, it is up to your employer how much of your contractual annual leave (over and above the statutory 28 days) you can carry forward.
If you are not well enough to return to work at the end of maternity leave, you are entitled to receive sick pay if you are not well enough to return to work. You should follow your employer’s normal sickness reporting procedures at the end of maternity leave. Statutory Sick Pay (SSP) is paid after four consecutive days of sickness absence to employees who have earnings of at least £123 per week (April 2024 – April 2025) in the previous 8 weeks.
You are not entitled to SSP for any period of sickness that began during the 39 week SMP period (or 18 weeks if you were not entitled to SMP). If your period of sickness begins after the end of the 39 or 18 week SMP period, you may qualify for SSP if your earnings were high enough. If you claim SSP after the end of your 39 week Statutory Maternity Pay period, SMP counts as earnings. Maternity Allowance does not count as earnings.
If you do not qualify for SSP, your employer should give you form SSP1. If you do not qualify for SSP, you should get advice from your local Jobcentre Plus or Citizens’ Advice Bureau.
Once your maternity leave has ended, you are treated as if you are “back at work”, even if you are not well enough to actually go into work. You are entitled to take sick leave and should be treated in the same way as any other employee who is off sick.
You are protected against pregnancy/maternity discrimination throughout pregnancy until the end of your maternity leave period (up to 52 weeks or until you return to work, if earlier). For pregnancy/maternity discrimination, you need to show that you were treated unfavorably because of your pregnancy, pregnancy-related illness, or absence on maternity leave. You can also claim pregnancy/maternity discrimination where a decision was taken during your protected period even where it was implemented after the end of your maternity leave.
When can I hand my notice in after maternity leave?
If you don’t want to return to work, consider timing your resignation and notice period with the end of your leave period. For example, if you have a 4 week notice period, you can give notice 4 weeks before the end of maternity or shared parental leave. You may still be entitled to Statutory Maternity Pay (SMP) if you are employed in the 15th week before the baby’s due week. If your job ends before this week, you won’t be entitled to SMP, but you may be entitled to Maternity Allowance. If you resign during maternity leave and during the 39-week pay period, you can be paid any remaining SMP or Maternity Allowance.
What is an example of notice after maternity leave?
After a period of reflection, the individual has made the decision to forego returning to work following the conclusion of their maternity leave. This decision was influenced by a combination of factors, including a long-standing affinity for their role within the team and a desire to prioritize spending time with their child.
How do you tell your boss you’re returning from maternity leave?
The text underscores the significance of explicitly articulating one’s intention to resume one’s professional duties. This entails disclosing one’s specific position and title, whether full-time or part-time, and the precise date of one’s anticipated return to work.
What happens when you come back from maternity leave?
When taking medical leave, employers must ensure that the job is open for the employee, and they cannot offer a position they are not qualified for. Employees cannot be fired upon their return unless they would have fired them had they not taken maternity leave. However, their boss can fire them while on maternity leave, but they cannot fire them because they are on leave. Employers may need to reduce workload and may lay off a department if the employee is part of it.
If a complaint or issue arises related to work completed a few weeks or months ago, the employer may request a meeting to hear the employee’s side of the story, and then terminate the employee for reasons related to the complaint or issue.
How do I announce my return from maternity leave?
To return to work after maternity leave, give 21 days’ notice to your employer, including the date you will return to the office. Include a copy of the letter from the start of your leave in your returning letter to show your employer when you began and agreed to return. If you agreed to part-time or flexible work, include this in your letter to remind your employer. If you made changes to your schedule during leave, include this in your letter to outline them. Discuss the practicalities with your manager to avoid surprises on your first day.
How do I give notice after maternity leave?
To write a resignation letter due to parental leave, include the following details: today’s date, the company name, the person you’re addressing the letter to (your immediate manager), your intent to resign due to parental leave, your last date of work, and your appreciation for the company. New parents may choose to leave their job to focus on their child or take another job with more flexibility or better pay. Company protocol typically involves writing a letter of resignation.
There are added layers of complexity when resigning while on or after parental leave. This article provides guidance on how to write a formal resignation letter, ensuring that you remain on good terms with your company after your departure. New parents may decide to leave their place of employment early in their child’s life or shortly after returning to work. This formal document is an official document that informs the company that they will be leaving the company due to their desire to focus on childcare.
How long after maternity leave can I resign?
If you don’t want to return to work, consider timing your resignation and notice period with the end of your leave period. For example, if you have a 4 week notice period, you can give notice 4 weeks before the end of maternity or shared parental leave. You may still be entitled to Statutory Maternity Pay (SMP) if you are employed in the 15th week before the baby’s due week. If your job ends before this week, you won’t be entitled to SMP, but you may be entitled to Maternity Allowance. If you resign during maternity leave and during the 39-week pay period, you can be paid any remaining SMP or Maternity Allowance.
How soon can you return from maternity leave?
You have the right to return to work on the chosen end date, provided you give your employer the necessary notice. However, your employer can only delay your return for up to 8 weeks if you return without the required notice, and cannot postpone your return beyond the end date of your maternity leave. If your employer postpones your return and you return, you may not be entitled to pay. Your right to return to your old job depends on the amount of maternity leave you have taken.
How do you welcome back from maternity leave?
The sender extends a warm welcome to the recipient upon their return to the office following a successful leave of absence to care for their infant. The company is dedicated to facilitating the recipient’s seamless reintegration into the workplace. To this end, it provides accommodations such as lactation rooms and flexible scheduling arrangements, tailored to meet the recipient’s specific requirements.
What do you say when you come back from maternity leave?
The sender extends a warm welcome to the recipient upon their return to the office following a successful leave of absence to care for their infant. The company is dedicated to facilitating the recipient’s seamless reintegration into the workplace. To this end, it provides accommodations such as lactation rooms and flexible scheduling arrangements, tailored to meet the recipient’s specific requirements.
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