Maternity leave and notice period

[jdy123]

I am currently on maternity leave due back to work on 2nd August but looking for a new job.
From what I understand my notice period should be 9 weeks as it's based on length of service which is very annoying!
I have been offered a new job today but I really don't want to be going back to work after a year off, to work 4 weeks then to be off again to a new employer.
Am I able to state in my resignation letter that I won't be returning to work after my maternity leave and am providing 5 weeks notice or will I need to discuss this with my manager before hand?

Do you have any annual leave owed ? That might cover the extra weeks. They can insist you work your notice period but best to discuss it with them first, less confrontational than demanding. I also assume there was no company maternity pay paid that requires you to return for a certain length of time

I would phone HR/your manager and explain the situation. As @popcorndiva mentions ask about AL accrued during ML and use this to cover as much of the 4 weeks as possible.

Follow up with a letter/email serving notice and confirming discussions.

A pragmatic HR/employer would agree to use AL to cover as much as possible and forget the rest of the notice period.

Also keep in mind that you might have to repay your maternity leave if you got any occupational pay. Most contracts state you must return for three months.

It's best to discuss is first but given that you have been out for a year I expect it would suit them to have 5 weeks notice than to have you return for just 4 weeks.

I work in HR and think you should just speak to your manager/ HR, explain the situation and ask if they would be happy to accept a 4 week notice period rather than the 9.

I probably would agree to this as there is v little benefit to having someone back for just 4 weeks after a year of mat leave- they will be spending most of their time getting back up to speed with everything and not really able to deliver much in 4 weeks!

Are you sure your contract says you need to give 9 weeks’ notice?

If your notice is nine weeks then no you cannot (contractually) just put in your letter are giving only five weeks notice, that is a breach of contract. It would be more professional to call your manager and discuss it, I cannot imagine that the employer would be any more keen than you to have you come in for four weeks. So I am sure this is something you can negotiate relatively easily, whereas announcing it as a fair accompli may lead to you leaving on less than ideal terms.