The basic rule
Maternity leave does not restrict the ability to resign. Written notice to the employer starts the notice period. The notice runs in calendar days regardless of whether the employee is on leave. Employment ends on the notified date.
SMP continuation
Statutory Maternity Pay is a statutory entitlement paid for up to 39 weeks. SMP continues to be paid to the end of the 39-week entitlement even after resignation, provided the qualifying conditions were met before the leave started. The employer pays SMP and reclaims most of it from HMRC.
Contractual maternity pay - repayment risk
Enhanced contractual maternity pay (above statutory) often has a repayment clause: if the employee does not return to work for a defined period (typically 3-12 months), the enhanced portion must be repaid. Statutory SMP is never repayable. Check the contract or maternity policy carefully before resigning.
| Payment type | Repayment risk? |
|---|---|
| Statutory Maternity Pay | No - never repayable |
| Enhanced maternity pay (over SMP) | Yes if policy requires return; check contract |
| Occupational maternity pay | Yes if policy requires return |
Timing considerations
Common timing options:
- Resign during leave with notice ending on the original planned return date - notice runs during leave.
- Resign before the return date to trigger notice sooner.
- Return briefly and then resign - triggers full notice from date of resignation.
- Take accrued annual leave immediately before or during notice to shorten actual attendance.
Consider the impact on any KIT (Keeping In Touch) days already used and any contractual maternity pay repayment obligation.
Notice mechanics during leave
Written resignation to the line manager copied to HR. Email accepted. Notice runs from HR receipt date, in calendar days. Final pay including accrued holiday is paid in the next standard payroll run. P45 issued within 30 days of leaving.
Discrimination protection
Pregnancy and maternity are protected characteristics under the Equality Act 2010. Less favourable treatment during or after maternity leave is direct discrimination. This includes:
- Pressuring the employee to resign.
- Making the return conditional on unfavourable terms.
- Failing to consult on redundancy proposals affecting the employee.
- Passing over for promotion, pay rise or bonus decisions.
Where the resignation is triggered by such treatment, constructive dismissal and discrimination claims arise.
Return-to-work priority for redundancy
Employees during maternity leave and for 18 months after birth (per the Protection from Redundancy (Pregnancy and Family Leave) Act 2023) have priority right to any suitable alternative role in a redundancy situation. If the employer is offering enhanced redundancy during your maternity leave, consider whether to accept redundancy (with the enhanced package) rather than resign (with no package).
Notification and handover
Even from maternity leave, best practice for resignation:
- Written resignation letter.
- Cooperative handover to the extent practicable from home.
- Return of company property.
- Confirmation of final pay including any accrued holiday and outstanding SMP.
- Written confirmation of the effective final day.
Useful calculators
- Maternity pay calculator
- Notice period calculator
- Final working day calculator
- Holiday entitlement calculator
- Final pay estimator
Related guides
- Maternity leave UK
- NHS maternity leave rights
- Notice period letter template
- Notice period rights UK
- How much notice do I have to give
Authority pages
Frequently asked questions
- Can I resign during maternity leave?
- Yes. Maternity leave does not restrict resignation. Written notice starts the contractual notice period, running in calendar days regardless of whether you are on leave.
- Do I still get SMP if I resign during maternity leave?
- Yes. Statutory Maternity Pay continues for the full 39-week entitlement even after resignation, provided qualifying conditions were met before the leave started. Enhanced contractual pay may have repayment terms.
- Do I have to repay enhanced maternity pay if I don't return?
- Only if the maternity policy or contract requires it. Statutory SMP is never repayable. Enhanced contractual pay often has a repayment clause requiring return for a defined period. Check the specific policy.
- Can I be made redundant during maternity leave?
- Yes but with enhanced protection - you have priority right to any suitable alternative role under the Protection from Redundancy (Pregnancy and Family Leave) Act 2023. Failure to offer a suitable alternative is often unlawful.
- What is the best resignation date during maternity leave?
- Consider: notice period length, whether you want notice to end on the original planned return date, contractual maternity pay repayment obligations, accrued annual leave to shorten actual attendance, and enhanced redundancy opportunities. Take advice for complex cases.
Sources and further reading
- Maternity and Parental Leave Regulations 1999 — Maternity leave framework.
- Statutory Maternity Pay (General) Regulations 1986 — SMP rules.
- Protection from Redundancy (Pregnancy and Family Leave) Act 2023 — Extended protected period.
- GOV.UK: Maternity Leave and Pay — Government guidance.
- ACAS — Free, impartial UK employment advice.
General information about UK employment law, not legal advice. For your situation, contact ACAS or an employment-law solicitor.