Issue the correct periods of notice

Notice periods on maternity, paternity, adoption or parental leave

An employee intending to take maternity or paternity leave must give notice before the end of the 15th week before the expected date of birth and state the expected week of childbirth and the date of the start of the leave. An employee taking paternity leave should also state how much leave is being taken.

For adoption leave employees must notify the employer within seven days of being notified that they have been matched for adoption, the date the child is expected and the date the leave is to start.

Unless there is a collective agreement in force with a different period then employees must give 21 days' notice to the employer to take any period of parental leave.

Returning to work

Employees returning from maternity or adoption leave don't have to give any notice if returning at the end of their entitled leave - ordinary or additional. The employer is responsible for telling the employee when leave expires.

If an employee wants to return early, 28 days' notice must be given to the employer. If not, the employer can postpone the return until this has run out or until the date when the leave would have ended.

If the employee does not want to return to work at the end of a period of leave, they must give their normal contracted period of notice. An employee is not required to say in advance whether she intends to return after maternity leave.

Dismissal

A dismissal on grounds of, or connected with, maternity, paternity, adoption, or parental leave will be regarded by an employment tribunal as unfair and risks amounting to unlawful sex discrimination.

It is not unlawful to dismiss an employee on maternity leave providing it is not for reasons connected with pregnancy, childbirth or maternity leave. If there is a redundancy situation during a woman's maternity leave she is entitled to be offered a suitable alternative vacancy where there is one. It would be unlawful to make a woman redundant without first complying with this requirement. The employee is entitled to the statutory notice period, or her contractual notice period, whichever is longer, or payment in lieu of notice.

Subjects covered in this guide

• Introduction
• Contractual and statutory notice periods
• Notice periods on maternity, paternity, adoption or parental leave
• Varying the notice period
• Minimum payment rights
• Payment in lieu and compromise agreements
• Withdrawing notice

 

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