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Notice period

(4 Posts)
Hannahmy21 Fri 22-Mar-13 06:18:40

Whilst on maternity leave and on statutory maternity pay, what is the position re payment for a contractual notice period should the employee resign to join a competitor whilst on maternity leave?

Is the employee entitled to their full salary during the contractual notice period on the basis that were the employee not on maternity leave, upon resigning, the employer would ordinarily ask the employee to leave the office for a period of gardening leave and be paid in lieu of notice?

littlelyon Fri 22-Mar-13 13:21:30

you should recieve remaining smp as this is gov funded. with regards to paying back maternity pay that would be a matter for your contract. However as a rule wouldnt be an issue. Also you may need to check your comapny policy for any clauses with regards to looking for other employment whilst on this type of leave. Again shouldnt be an issue but worth checking. The governments website would be worth looking at . it answers a lot of HR questions

littlelyon Fri 22-Mar-13 13:23:00

i think having full salary isnt going to happen sorry .

yummumto3girls Mon 25-Mar-13 22:29:20

Garden leave is different to pay in lieu of notice, both can only be done if you have clauses in your contract of employment. Garden leave, you are still an employee but are paid to remain at home and NOT to work for someone else, it is a restrictive measure to prevent you from working. PILON is as it says, paying you in lieu off notice but only legal if in your contract! You need to check if you have any restrictive clauses in your contracts preventing you from working with competitors etc after your employment ends. As stated before you need to check your maternity pay provisions but you are deluded if you are going to get full pay.

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