Pay and handing notice in on maternity

[annes1999]

Hi,

does anyone know what payments you’re eligible for if you hand your notice in on maternity leave?

I’ve read online that you should still get your full SMP, but should also get your notice pay as normal. Is that right?

I have a 3 month notice period at my job, I get paid well there and I’m going on maternity leave shortly. I’m weighing up whether I should go back part time or find another job but if I can hand my notice in whilst off and get paid my usual wage, that sounds like a huge advantage?

any help appreciated

I wouldn’t imagine you’d get full pay for notice during your SMP period no. Don’t have a policy to read? Sometimes you also need to go back after maternity leave for a period else you need to pay back a portion of your maternity pay. Really you need to fully read understand your specific workplace policy.

Their is no such thing as notice pay. There is pay in lieu of notice which is something an employer can choose to give if they decide to end your employment immediately rather than you work your notice.

If you give notice 3 months before the end of your maternity leave then your maternity leave is your notice period and you won't be entitled to any extra pay. You will, however accrue holiday pay so you will be entitled to that, usually as a lump sum.

It’s not notice pay, you would need to work your notice to be eligible for the pay, that’s all it is.

No you only get full pay for your notice period if you are actually working during your notice period. If you are on maternity leave during your notice period then you are only entitled to SMP.

As PP say, any Annual Leave you have accrued but not taken would be paid at full rate though.

If you received any enhanced maternity pay, above smp, that may be repayable if you do not return to work.

why an employer must legally pay full salary (not SMP) during a notice period when an employee is on maternity leave, even if the contractual notice period is 3 months. Official UK government and ACAS sources are included for confirmation.

1. Legal Basis: Employment Rights Act 1996 (Sections 88 and 89)

Section 88 ERA 1996:
If an employee is not working because of maternity leave during their notice period, the employer must pay at least “a week’s pay” for every week of notice they are required to give.

Section 89 ERA 1996:
A “week’s pay” must be calculated as the employee’s NORMAL pay, as if they were working. This means:

• Full normal salary
• Not reduced maternity pay
• Not SMP
• Not unpaid leave

If contractual notice is longer than statutory notice, these rules apply to the entire
notice period.

1. Why This Rule Applies Even If Contractual Notice Is 3 Months

Statutory notice is the minimum legal requirement (usually 1 week).

If the contractual notice period is longer than statutory notice (for example 3 months):

• Section 88 requires full pay
• Section 89 defines that full pay must be normal pay
• This applies even if the employee performs no work due to maternity leave

The purpose is to prevent women on maternity leave being financially disadvantaged or dismissed
cheaply.

1. Official UK Sources Confirming This Rule

(1) GOV.UK — Termination During Maternity Leave
Source: www.gov.uk/termination-your-employment-during-maternity-leave
Statements include:
“Your employer must pay you your normal pay during your statutory notice period.”
“If your contractual notice is longer than your statutory notice, you’re entitled to full pay for the whole notice period.”

(2) ACAS — Ending Employment During Maternity Leave
Source: www.acas.org.uk/maternity-leave-pay-and-other-rights/ending-employment
ACAS confirms:
“If the employer gives more notice than the statutory minimum, the employee is entitled to full pay for the whole notice period even if they are not working because they are on maternity leave.”

(3) Maternity Action — Notice Pay
Maternity Action states:
“If your contractual notice period is longer than statutory notice, you should receive full pay for the whole notice period, even though you are on maternity leave.”

(4) CIPD — HR Professional Guidance
CIPD guidance reinforces that full pay applies whenever contractual notice exceeds
statutory notice.

Why Full Pay Is Required Even If No Work Is Being Done

The law protects women on maternity leave. If employers could pay only SMP during notice:

• They could cheaply dismiss pregnant or postpartum employees
• They could treat maternity leave as unpaid time
• They could save money by ending employment during SMP

Sections 88–89 were designed to PREVENT this.

Therefore:
Full pay is required even when the employee performs no work.

------------

1. Summary

If contractual notice is longer than statutory notice:

• 2 months
• 3 months
• 4 months or more

Then:
The employer MUST pay full normal salary for the e
ntire notice period.

@Hopesandsunshines I know nothing about this but it refers to termination of employment and protecting women on maternity leave from being dismissed cheaply.

That’s surely different from the employee resigning?

As long as:
Your contractual notice period is longer than statutory notice

1 week per year worked up to 12 years

This triggers Sections 88 and 89 of the Employment Rights Act 1996, which apply no matter who gives notice.

I would contact ACAS if in doubt.

@Hopesandsunshines you’re clearly just posting ChatGPT responses without indicating this, and not actually adding any knowledge into the proceedings. ChatGPT is renowned for hallucinating and making things up so this is deeply unhelpful.

please stop it (and if you absolutely can’t stop yourself, please reference that your posts are AI generated)

I apologise for not mentioning my reply is AI generated, I am myself im in this position I have also other gathered info from other groups, and seem to be onto something, I will call ACAS on Monday and confirm. Seems logical that if the employer imposes a notice a woman would be highly disadvantaged just because of being on maternity leave missing out on full pay.

“Seem to be on to something”

Do you think employment law is in some way secret?

Not at all, but interpretation and knowledge varies, ie. I was advised by my employer that I would not be entitled to bank holidays whilst on maternity, because I was "off" so why would they pay me? Turns out I was entitled to BH, after lots of research and multiple conversations I ended up with an apology and a backdated payment for the BH of my first maternity. Groups like this made me question everything my work simply had a "the rule". Unfortunately ACAS is closed today, I will update on Monday :)

ChatGPT is talking shit, not least because it has got this the wrong way round and the entitlement to pay doesn't kick in if the contractual notice period is more than one week longer than the statutory one. (s87(4) ERA 1996)