Notice Period when on maternity leave

[babyboymam]

I've been offered a new job while I'm on maternity leave which I am due to start in 3 months time. My notice period with my current employer is 3 months but what I was wondering is

1. Will I continue to get SMP for 3 months from handing in my notice?
2. Will i continue to accrue holidays during my 3 month notice period?

Have you checked that you don’t need to pay back your employer?

And no yo accruing holiday during your notice period

root out your contract

Hi @babyboymam, congratulations on your new job! Yes, your employer is obliged to continue paying SMP while you're in your notice period, just as they would obliged to pay you to work your notice if you weren't on mat leave.

And yes, you accrue holiday until your final date of employment.

I'm sure your employer will know all this, but don't take anything else for an answer, you can't be treated differently to someone who's at work just because you're on maternity leave.

Hope that helps!

Holiday accruing during notice period is most definitely not the norm!

Sorry @MistressE that's not correct about holiday. Accruing holiday is a day 1 right, and you have to be given all holiday you earn while you're working, which you are in a notice period.

The only thing they might be able to do is, if the contract states holiday is calculated on 1/12th basis for each month worked when you resign, is not give you holiday for the last of your 3 months notice, if your last day is part way through the month. If I was their HR Director, though, I'd be strongly advising them to pay it all up to your very last day, though!

It's true that you may have to pay back any occupational maternity pay if you don't return to work, but it doesn't sound like you got any of that, just SMP, right?

Sorry to be clear

statutory yes. Not enhanced.

apologies

It really is! Let's say your allowance for the full year is 28 days including BHs, but you hand your notice in on 30th May, then work 1 month's notice, with your last day of work being 30th June. Your entitlement would then be 14 days and you should be paid any days you haven't taken. If a company tried to allocate 12 days entitlement in that scenario (i.e. claiming you stopped accruing holiday when you handed in your notice), that would be an illegal underpayment of wages.

Every job I have had I have accrued holidays during my notice period.

@MistressE leave accrued during notice period unless PILON is paid.

@MistressE

Please don't drot out advice when you habe no clue

Employment lawyer here. Holiday accrues during notice.

It's theoretically possible to limit the accrual of holiday above the statutory minimum during notice but in 19 years in this job I've not seen it done. It would be a bit of a pain to draft in the first place then work it out in practice.

If you're wanting to avoid paying holiday on termination you would make the employee take the holiday during the notice period. Doesn't really work if you're on mat leave though!

Except if you make a PILON as someone else pointed out

Thanks everyone.

What is a PILON?

Payment in lieu of notice. The majority of contracts allow your employer to bring the notice to an end early as long as they pay you your notice pay. The termination date moves forward, to the date of the payment, so you don't accrue holiday since you're no longer an employee.

Pay in lieu of notice (I think)

>>>Payment made to an employee where they are told by employer they do not have to work notice.

It’s illegal if they don’t pay you for a rued holidays until your last day. You are still an employee until that moment with full employment rights.