Employment Lawyers Can Answer Your Employment Law Questions
Hello how long have you worked there for?
Thank you. If you are on maternity leave and wish to end your employment then you would be required to give the employer the contractual notice period you are due to give on resignation. In your case this is 4 weeks. You do not have to give them notice that you wish to return from maternity leave early unless you were actually thinking of doing so. In other words, you can give them the 4 weeks and let that pass whilst you are still off on maternity leave and your employment could terminate even before you have returned from leave.
Your entitlement to SMP depends on how long you had been employed for at the end of the Qualifying week, which is the 15th week before the expected week of childbirth. You need to have been there for at least 26 weeks to qualify for SMP.
If you were to resign after the Qualifying week, even if during maternity leave, you will still be entitled to the full SMP entitlement from your former employer. So whether your employment terminates before the end of the maternity leave period or you stay until the end, if you have already qualified for SMP then you would be entitled to receive the full entitlement even if your employment ends before you reach the end by which the full SMP is payable. It means you can resign now and give 4 weeks notice and still get paid your full SMP entitlement.
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