An employee told me that she does not wish to return to work following her maternity leave. What should I do in those circumstances?

Posted in : First Tuesday Q&A NI on 4 October 2011
Emma-Jane Flannery
Arthur Cox

Employees who decide not to return to work at all after maternity leave are obliged to give their employer notice in the normal way. The relevant period of notice will be either the statutory minimum, or the contractual period of notice, if longer. Where the contract fails to specify a notice period, the courts will imply a reasonable notice period, subject to the statutory minimum. What is ‘reasonable’ will depend on seniority and how long an employee has worked there.

In a maternity policy it is worth stating that the amount of maternity leave left to run must be at least equal to the

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Back to Q&A's This article is correct at 02/09/2015
Disclaimer:

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Emma-Jane Flannery
Arthur Cox

The main content of this article was provided by Emma-Jane Flannery. Contact telephone number is 028 9023 0007 or email Emma-Jane.Flannery@arthurcox.com

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