Does an employee accrue leave if they resign whilst on maternity leave?

Posted in : First Tuesday Q&A NI on 5 June 2018
Chris Fullerton
Arthur Cox NI
Issues covered:

An employee should resign in the normal way, in line with the notice period stated in their employment contract. If you resign during your maternity leave, you do not have to go to work during your notice period, you can remain on maternity leave.

Maternity pay lasts for 39 weeks but maternity leave extends to 52 weeks (the last 13 weeks is usually unpaid). An employee is entitled to remain on maternity leave for up to 52 weeks and resign towards the end of their maternity leave period if they decide that they are unable to return to work.

An employee will continue to accrue all of their contractual benefits, (with the exception of remuneration), during maternity leave. Therefore, these

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Back to Q&A's This article is correct at 05/06/2018

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.

Chris Fullerton
Arthur Cox NI

The main content of this article was provided by Chris Fullerton. Contact telephone number is 028 9023 0007 or email

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