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1 Maternity Leave

1 May, 2019 12:05

Hi,

If an employee decides not to return from maternity leave and tenders her notice - if she has received all of her SMP, are we obliged to pay her salary during her notice period even though she does not work the notice?

Although it would make logical sense that we would not pay her notice if she does not work, just want to check that the business would not be at risk.

Any advice welcomed.

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Teresa | 0 Posts

1 May, 2019 12:14

If her last day of employment is the last day of her maternity leave, she is till on maternity leave during her notice period and therefore is entitled to whatever maternity pay she is entitled to (which appears to be no pay).

You would only have to pay her full pay during her notice period, if it was the employer giving notice to her
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