Notice to resign - entitlements?

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I've just resigned from my post during maternity leave, and am taking my notice period (4 weeks) as unpaid maternity leave. I understand I am entitled to be paid for annual leave accrued during my maternity leave, and also that I am entitled to a week's full pay in addition to this. I checked this in a phone call to ACAS.

I received a letter from HR this morning confirming my resignation and that I am to be paid for X hours of accrued annual leave, however nothing was said about the additional weeks' pay. I'd like to confirm this in writing and will email them - can anyone help with a link I can send them to confirm this to be true? I can't find one and only have the phone call with ACAS to go on. TIA.

Why are you entitied to the additional weeks pay if you are on unpaid maternity leave & are being paid for all holiday accrued?

Never heard of being paid an additional weeks leave when resigning on maternity leave. I think you have misunderstood something somewhere OP.

What is the additional pay for, additional holiday pay, something to do with the notice period? Is there anything in your contract about the additional week's pay?

When one of our employees resigned during her maternity leave we made her a leaver as of the date of her letter and paid her the holiday she was entitled to.

I'm unsure as to why you would be owed a weeks full pay (did you give a weeks notice not a month?)

Does your holiday pay amount to an entire week's pay - is it that?

Hope this works - this is a screenshot from the ACAS website, I can't link as it's an online help thing. When I called, they asked me questions in relation to how long I had worked for my employer and their and my notice periods and confirmed that I was entitled to a week's full pay in addition to my accrued leave. Perhaps I have misunderstood? I'm pretty certain they said that. I'll call today and check.

That is the minimum notice period which would be paid in lieu. You are giving 4 weeks already but unfortunately is falls during an unpaid period. I don't think any extra is due, sorry.

How strange!

I think you have misunderstood. If you are on unpaid mat leave then you are not receiving any pay, never mind a 'lower rate of pay'. That info you have screenshot refers to people on Ordinary Maternity Leave. You are now on Additional Maternity Leave.
ACAS quite often make mistakes, IME.

You need to read the last 2 lines of your screen shot... "Entitled to full notice period OR 1 week."

... Which is unpaid.

I too have been deeply unimpressed with some of the ACAS advisors.

If an employee is only on the statutory minimum notice period, they must be paid at full pay for their notice even if they are absent on maternity leave, sick leave etc.

If their notice period is at least one week more than the statutory minimum, then they only get maternity pay or whatever other pay they would be expecting, ie possibly nothing.

OP how long have you worked there and what is your notice period?

ACAS used to be a great resource employing trained experienced advisers who were formerly TU reps or had worked in industrial relations . They had worked at the coal face and knew their stuff. They did the whole job; mediation, phone queries, company visits, guided company or employee through a tribunal.

Now it's call handlers who read from scripts. You might get lucky and get a good one, more likely you'll have someone who might not understand your issue, and therefore doesn't give the right answer.

I do worry that so many posts recommend ACAS as the definitive go to people. If you have an employment problem that is at all complex, it's almost always worthwhile paying for a good employment lawyer.

I must have misunderstood (although am still slightly confused!). Thanks anyway. I've been with my current employer for three years although I have six years local government service. My notice period is 4 weeks as is theirs.

I always remember there was someone on here a few years ago who was told by an ACAS advisor that she didn't accrue holiday during maternity leave. Luckily she came on here to check, and once she had the correct answer, successfully got a fairly large sum of money out of her employer, about £1500-odd I think it was. And that's not even anything complex!

Is that six years continuous service OP? In which case your notice period is the statutory minimum which is 6 weeks, and you should therefore get the 6 weeks full pay.

If it's not continuous service and the statutory minimum would be 3 weeks, then your notice period is at least a week more, which means you only get it paid at maternity pay/no pay.

Yes, continuous service. Thank you. I'll email HR and ask, nothing to lose!

She is resigning, so it is up to her to give the correct notice. So if it should have been 6 weeks and OP only gave 4, then OP will need to ask the employers nicely if they will consent to the shorter period without any penalty to her.

The one week/four weeks thing is badly drafted, but you get that number of weeks at the full rate of pay you are actually receiving at the time the notice is given. So in OPs case it's zero either way.

Oh of course she is resigning, in which case statutory notice is a week, that's where the one week comes from. Half asleep this morning!

Olly, ACAS are fairly fast and free which is useful if you want an idea of how to proceed. Agree that the 'scripted' version of help is nowhere near as useful as the coalface type, though! Their website is worth a try too.

Fast and free but not so good if it's not the right information. And in employment poor advice can have serious consequences.

It's like the constant advice to get the free half hour with the lawyer. it's unlikely to be a specialist and employment law is a very specialist area.

For run of the mill stuff e.g. holiday entitlements, notice periods etc then HR people/CAB/Acas should be able to give accurate information. Anything more complex? Don't underestimate the value of real expert advice - and that usually has to be paid for.