Handing in notice - Maternity Leave

freaky26

Hi, I have posted this in the pregnancy forum but this might be the correct one! I am currently on maternity leave however I do not wish to return to work. I realise that this is deemed very unfair on the employer and I do feel very guilty. However my personal circumstances have changed a lot and I need to return to my home town. Not returning to work is a very hard decision for me and I know my work will be very annoyed. From a legal perspective am I allowed hand in my notice on unpaid leave? I have been topped up by my employer and it is within their policy that this may have to be paid back. This is not a problem as I feel very bad about leaving them. My employers have been very good to me. I want to ensure that the next steps I take are by the book. I am not due back for a few months yet and have one months notice period. However I would want to inform them as soon as possible to allow them to recruit for my position. Could someone advise on the best way to do this? And if legally I am allowed hand in my notice when on unpaid leave. Thank you

Mrs OBumble

" legally I am allowed hand in my notice when on unpaid leave."

Just a reminder: we cannot give you legal advice here.

We can discuss the issue, and hopefully someone can tell you relevant things from their own experience that may help, and / or point you towards an on-line resource that has more information about the situation. But you should take this as advice from (hopefully well informed) randoms on the internet, not legal advice.


That said, personally I don't even see this as unfair on the employer given that you are going to pay back the top-up. And I don't think that you should feel bad about making the best decision for your family - the vast majority of employers would not feel bad about making the best decision for their business if they were thinking about letting you go.

I'm not aware of any reason why you should not hand in your notice while on unpaid leave. And I'm certain that the employer would prefer that you didn't come back rather than that you did for a day or to just to hand in your notice!

The only twitch I can think of is about your Maternity Benefit: you might like to ask Welfare if it would be affected if you resigned, and if so not do it until as late as possible.

All the best for your move.

Jack Sawyer

Sorry for your loss & I really hope your baby recovers well and as quickly as possible, you must be having such a tough time ya poor thing.

- If your job is made aware of your circumstances and your sincerity I can't see a problem whatsoever, if they react badly etc then thats their own choice on what is acceptable, decent and compassionate behaviour.

Eoin

Fair play for being so considerate, but you've much more important things to deal with. Your employer will cope and most likely completely understand. Not coming back from maternity leave isn't that rare so don't sweat it.

Mrs OBumble wrote: »

The only twitch I can think of is about your Maternity Benefit: you might like to ask Welfare if it would be affected if you resigned, and if so not do it until as late as possible.

Yep, this is the first thing that sprung to mind as well. Here are the rules on eligibility, but not what happens if you resign during it.

You will have accrued annual leave and public holidays while on maternity leave, so that will need to be factored in. One option could be that they would just balance that against the top-up, leaving you with less to pay back.

I'm still trying to figure out what this blog article means in your case: http://thepeninsulairelandblog.wordpress.com/2012/10/22/unlawful-to-accept-a-resignation-on-maternity-leave/ - it looks like someone claimed constructive dismissal while on maternity leave, so it may not be relevant. But it could also mean that the effective date of your notice is from the day you are due back - in which case perhaps technically they could make you work the notice period.

Can you have an informal chat with your manager or HR person now?