![]() Similarly, if you you resign during shared parental leave, you are entitled to be paid any remaining Shared Parental Pay (ShPP) for the leave already booked. If you resign during maternity leave, and during the 39 week maternity pay period, you will be entitled to be paid any remaining SMP or Maternity Allowance. If your job ends before this week, you will not be entitled to SMP, but you may be entitled to Maternity Allowance instead. If you want to claim Statutory Maternity Pay (SMP), you need to still be employed by the end of the 15th week before the week your baby is due (called the ‘qualifying week’). If you resign while pregnant, you will not be entitled to take maternity leave, but you may still be entitled to pay. For instance, if you have a 4 week notice period, you can give notice 4 weeks before the end date of your maternity or shared parental leave. ![]() If you do not wish to return to work at all, a good option may be to time your resignation and notice period with the end date of your leave period. However, your employer does not need to agree and can pay you in lieu once you resign. You may be able to agree with your employer to take carried over annual leave during your notice period. Similarly, if wait until the last day of your leave to resign, your employer can ask you to work your notice period. However, if you resign too early, you may miss out on benefits that accrue during maternity leave, such as annual leave. If you resign during your leave period, you do not have to go back to work as long as the length of leave you have remaining is equal to or greater than your notice period. If you are on maternity or shared parental leave, you should think carefully about when you would like your employment to end. In order to give pay in lieu of notice, your employment contract should specify that your employer has this right. However, your employer may choose end your employment straight away and give you pay in lieu of notice, instead of asking you to work during your notice period. You will continue to accrue benefits such as annual leave, and you can also take sick leave during your notice period. Ordinarily, your job will end at the end of your notice period, and you remain employed during this period. If there is nothing in your contract, you need to give at least a week’s notice (if you have been employed for more than a month). ![]() Your employment contract should say how much notice you should give your employer. If you wish to resign during pregnancy, or do not wish to return to work after maternity or shared parental leave, you should resign giving notice in the usual way.
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