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
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 employee’s notice period. Otherwise, the employee can be required to return to work for the remainder of
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Back to Q&A's This article is correct at 02/09/2015
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