Notice period while on maternity leave

[2firsttimeparents]

Hi all,

My partner is currently on SML and received a letter from here employer today which stated that she could not give notice during her maternity leave if she doesn't wish to return to work. The implication is that she will have to go back to work following the end of her maternity leave for one month which is going to mean a huge financial implication with child care fees, not to mention the stress it is causing here at a time that she really should be focussing on her and our gorgeous son.

My reaction was that they are wrong since she is still employed by the company, accrues holiday as normal, is entitled to bank holidays in lieu while on leave and maternity leave doesn't affect her right to hand in her notice if that is what she wants to do. We intend to call ACAS on Monday to find out if what they are saying has any legal foundation. Searches on the web have not helped one way or the other and I was hoping someone could offer experience of this. Does it depend on her contract? Are they right in what they say?

I should point out that she hasn't made a decision to return to work or not and is not due to return until Feb next year.

Any advice/help welcome!

A lot of companies require a certain length of service at thhe end of mat leave or the require everything over amp to be paid back. So yes, she can hand in her notice as normal, of course she can, but she may end up owing them some money

Edit: That should be "her employer" and "causing her". I'll blame the typos on sleep deprivation :)

Smp, not amp, sorry

Although if she wants to, could you take leave in that time?

Thanks StealthPolarBear (I like the nick!)

I'm not sure what you mean by everything over amp - she has taken the holiday that she has accrued and will accrue this year already before the maternity leave kicked in but that is a moot point given that her holiday entitlement runs from jan to dec and she isnt due to return until feb. And in reality by time she is due to go back she will be entitled to more holiday from jan and feb (apx 5 days), so they could end up owing her money.

They are only paying her amp, nothing contributed by them.

It sounds to me that they have no grounds to refuse her notice of resignation while she is on maternity leave and as long as she gives her contractual notice period then she won't have to return to work? I think the colloquial term is 'they are trying to pull a fast one'.

Thanks again.

hehe.. you have me typing amp now ;)

On the leave, unfortunately not - she has used her entire entitlement for this year already (we had a wonderful pre baby 2 weeks in Tenerife over her birthday valentines, before the whole place set alight, while the rest of Europe froze) and the rest was taken concurrently with her maternity leave prior to commencement of maternity leave). Like I mentioned, she will have 5 days by the time she is due to go back but given how they are treating her, going back seems distinctly unlikely!

In thAt case I agree her terms and conditions are the same , if she has to give one months notice then she can do that on mat leave. Bumping though as I'm starting to worry I'm talking rubbish :)

I meant could you take some leave for the time your wife returns to work? But from what you say, there's no incentive for her to return if she does want to resign

I hope there has been some misunderstanding of what the employer is saying (otherwise employer has gipo it badly wrong).

Start by sending them to the gov.direct website:

"If you decide not to return to work at all, you must give your employer notice in the normal way"

from this page. This means they have to accept notice in the normal way (otherwise no-one could decide during their maternity leave whether they wanted to return, and that would be contrary to both spirit and letter of the law).

Thanks both.

I have checked that link and it is black and white. Hopefully we can correct the misunderstanding on Monday and all get back to new baby bliss :-)

I'll bump the thread when employer x has responded!