Resigning during pregnancy and maternity or shared parental leave
This article explains what to do if you want to resign from your job during pregnancy, or if you do not wish to return to work after maternity or shared parental leave. It also explains how resignation may affect your rights to maternity and shared parental leave and benefits. The principles outlined in this article also apply to adoption leave and Statutory Adoption Pay.
If you would are facing redundancy or dismissal, please see our other articles on:
- Dismissal during pregnancy, or maternity, adoption or shared parental leave
- Redundancy while pregnant, or on maternity, adoption or shared parental leave
Notice requirements
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.
Your employment contract should say how much notice you should give your employer. 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).
Ordinarily, your job will end at the end of your notice period, and you remain employed during this period. You will continue to accrue benefits such as annual leave, and you can also take sick leave during your notice period.
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. In order to give pay in lieu of notice, your employment contract should specify that your employer has this right.
When should I time my notice if I don’t want to return to work after maternity or shared parental leave?
If you are on maternity or shared parental leave, you should think carefully about when you would like your employment to end.
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. However, if you resign too early, you may miss out on benefits that accrue during maternity leave, such as annual leave.
Similarly, if wait until the last day of your leave to resign, your employer can ask you to work your notice period. You may be able to agree with your employer to take carried over annual leave during your notice period. However, your employer does not need to agree and can pay you in lieu once you resign.
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. 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.
Rights to statutory leave and pay
If you resign while pregnant, you will not be entitled to take maternity leave, but you may still be entitled to pay. If you want to claim Statutory Maternity Pay (SMP), you need to still be employed in the 15th week before the week your baby is due (called the ‘qualifying week’). If you leave your job after the 11th week before the expected week of childbirth, but before the date you notified your employer that you want your SMP to start, your SMP will start on the day after you leave your job.
If your job ends before the qualifying week, you will not be entitled to SMP, but you may be entitled to Maternity Allowance instead.
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.
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. However, if you resign before the leave begins, you will not be entitled to take shared parental leave or ShPP because a condition of the leave is that you are still employed at the start of the leave period.
Do I need to repay any maternity or parental leave pay if I resign without returning to work?
You do not have to repay any of your SMP, ShPP or Maternity Allowance if you resign.
If you received enhanced maternity or parental pay over and above the statutory entitlement (sometimes called ‘occupational’ or ‘contractual’ maternity, adoption or shared parental pay), your employer may ask you to repay this if you resign within a certain period of time after taking maternity or shared parental leave.
However, you would only have to repay the topped up portion of the maternity or parental pay, and only if it is stated in your contract or agreed in advance with your employer before you started your leave. They can deduct any enhanced pay from money that they owe you from outstanding wages or annual leave. But your employer cannot ask you to pay back any statutory pay.
If this applies to you, a good option might be to return to work for a short period after maternity or shared parental leave and resign at a later date in order to avoid repaying enhanced pay. You are counted as being back at work if you are on annual or sick leave, but you should check the terms of the enhanced pay carefully.
On resignation, you are entitled to be paid for any outstanding annual leave that has accrued during maternity leave up to the end of your notice period.
You also may be entitled to notice pay. If you resign while you are pregnant and before the start of your maternity or shared parental leave, you are entitled to be paid your ordinary contractual wages for notice period.
If, however, your notice period covers a period of your maternity or shared parental leave, you may only be entitled to outstanding maternity pay (e.g., SMP).
This advice applies in England, Wales and Scotland. If you live in another part of the UK, the law may differ. If you are in Northern Ireland you can visit the Labour Relations Agency or call their helpline Workplace Information Service on 03300 555 300.
Our helpline and online contact form is now closed as we wind down our operations. Our free legal advice pages remain available and up to date until further notice. You can find a list of trusted organisations that may be able to help you below.
| Organisation and link to website | Area of Advice | Telephone |
|---|---|---|
| Employment Rights | ||
| ACAS | Acas gives employees and employers free, impartial advice on workplace rights, rules and best practice. We also offer training and help to resolve disputes. | 0300 123 1100 |
| Citizens Advice (England & Wales) | Citizens Advice is a charity which provides free, confidential, and independent advice on employment, legal, financial, housing, and consumer problems | 0808 223 1133 |
| Citizens Advice (Scotland) | Citizens Advice is a charity which provides free, confidential, and independent advice on employment, legal, financial, housing, and consumer problems | 0800 028 1456 |
| Maternity Action | Maternity and Parental Rights at Work and Benefits for Families & NHS charges for maternity care | 0808 801 0488 |
| Pregnant Then Screwed | HR Advice Line – for questions on employment rights, flexible working, parental leave or workplace discrimination | 0300 222 5799 |
| Equality Advisory and Support Service (EASS) | The helpline advises and assists individuals on issues relating to equality and human rights, across England, Scotland and Wales. | 0808 800 0082 |
| Trade Union | If you are a union member, contact your union for support. If not, you may wish to join, but check whether support is available for existing issues. | |
| Health and Safety Executive (HSE) | Guidance on workplace health and safety rights and accepts reports of serious workplace health and safety concerns. | |
| Advicenow | Provides free legal information, guides, self-help tools and training to help people deal with legal issues and understand their rights. | |
| Protect | Provides advice and support to people raising concerns about whistleblowing | 020 3117 2520 |
| Zero Hours Justice | Offers information and support on the rights of workers on zero-hours and insecure contracts | 01904 900 151 |
| Legal Advice and Representation | ||
| Law Centres Network | Law Centres work within their communities to defend the legal rights of local people. You can use their website to find your local Law Centre. | |
| LawWorks | The LawWorks Clinics Network provides free initial advice to individuals on various areas of law including employment law, social welfare law, housing matters, consumer disputes, debt and welfare rights. | |
| Advocate | Advocate is a charity that finds free legal assistance from volunteer barristers | |
| South West London Law Centres | Provides free, independent legal advice to people who cannot afford a lawyer, including advice on employment, housing, debt, immigration issues. | 020 8767 2777 |
| Employment Tribunal Litigants in Person Support Scheme (ELIPS) | ELIPS provides pro bono assistance to unrepresented litigants. It currently covers London Central, Cardiff, Bristol, Midlands (West), Newcastle, Leeds and Manchester Employment Tribunals. | |
| Legal Aid Check your eligibility for Legal Aid online | Legal Aid funding is only available for employment cases involving discrimination. | |
| YESS Law | Employment law advice and support, including settlement agreements. Yess Law do not represent clients in Employment Tribunal Proceedings | 020 3701 7530 |
| The Free Representation Unit (FRU) | The Free Representation Unit (FRU) is a charity that provides legal advice, case preparation and advocacy in employment & social security tribunal cases if you have a hearing date at a tribunal in London and the South East and your case is referred by a referral agency | |
| Employment Tribunal Customer Contact Centre | Provides information about the Employment Tribunal process but does not offer legal advice. | 0300 123 1024 |
| Appoint a solicitor The Law Society provides information on finding a solicitor. | If you are able to afford to do this, you can instruct a solicitor who is an expert in maternity and family friendly rights. A good solicitor will give you honest advice about the strengths and weaknesses of your case, the likely costs and s/he should try to resolve your case as soon as possible and so keep the costs you have to pay to a minimum. | |
| Disability Law Service | Provide free legal advice on community care, employment, housing, discrimination, public law and welfare benefits to disabled people and their carers | 0207 791 9800 |
| Child Law Advice | Provided by Coram Children’s Legal Centre, advice for Litigants in person | |
| Rights of Women | Women’s voluntary organisation committed to informing, educating and empowering women concerning their legal rights | 020 7251 6577 |
| Benefits and Financial Support | ||
| Citizens Advice (England & Wales) | Citizens Advice is a charity which provides free, confidential, and independent advice on employment, legal, financial, housing, and consumer problems | 0808 223 1133 |
| Citizens Advice (Scotland) | Citizens Advice is a charity which provides free, confidential, and independent advice on employment, legal, financial, housing, and consumer problems | 0800 028 1456 |
| Advice Local | Your local guide to help with employment and work issues, benefits, money, housing problems and more | |
| Age UK | Provide free, confidential advice, practical support, and companionship | 0800 678 1602 |
| Carer’s UK | Provide advice on benefits, rights, and emotional and peer support. | 0808 808 7777 |
| Scope | Offers information, advice and support for disabled people and their families, including guidance on benefits, work and independent living. | 0808 800 3333 |
| NRPF Network | Provides guidance and resources on no recourse to public funds (NRPF) and support options for people affected by immigration-related benefit restrictions. | 0800 169 0283 |
| Maternity Allowance helpline (DWP) | Maternity Allowance is a government benefit for pregnant women or new mothers who do not qualify for Statutory Maternity Pay (SMP) from their employer. | |
| HMRC Statutory Payment Dispute Team | Resolves disputes about entitlement to statutory payments, including maternity, paternity, adoption, shared parental, parental bereavement and neonatal care pay. | |
| Pregnancy, Maternity and Baby Support | ||
| Maternity Action | Maternity and Parental Rights at Work and Benefits for Families & NHS charges for maternity care | 0808 801 0488 |
| Tommy’s | Provide advice and support to parents-to-be, expectant parents, and families who have experienced baby loss | 0800 0147 800 |
| Bliss | Support and information for families of premature and sick babies, including emotional support, neonatal care guidance | |
| Twins Trust | Offers support, information and peer support for families with twins, triplets and multiple births | 0800 138 0509 |
| Sands | Sands works to support anyone affected by the death of a baby | 0808 164 3332 |
| Best Start in Life | Advice and support for your child’s development | |
| Mental Health and Wellbeing | ||
| Mind | Mind empower individuals experiencing mental health problems through advice and support | 0300 102 1234 |
| Maternal Mental Health Alliance | Charity and network of 160 organisations, dedicated to ensuring women and birthing people affected by perinatal mental health problems have access to high-quality, compassionate care | |
| Pandas | Pandas offer hope, empathy and support for every parent, carer or network affected by Perinatal Mental Illness | |
| Samaritans | Provide emotional support to anyone in distress, struggling to cope, or at risk of suicide | 116 123 |
| Domestic Abuse | ||
| Women’s Aid | Offers support, information and signposting for women and children experiencing domestic abuse | |
| Support for single parent families | ||
| Gingerbread | Offers advice and information support for single parents on work, benefits, finances and family issues. | |
| One Parent Families Scotland | Provides advice and support to single parents in Scotland including benefits, money and health and wellbeing. | 0808 801 0323 |
| Disability | ||
| Contact | For families with disabled children | 0808 808 3555 |
| Carer’s support | ||
| Carer’s UK | Provide advice on benefits, rights, and emotional and peer support. | 0808 808 7777 |
| Childcare | ||
| Childcare Service Helpline | Contact HMRC if you need help applying for Tax-Free Childcare, applying for free childcare if you’re working or using your online childcare account. | 0300 123 4097 |
| Best Start | Provide information on all available childcare support | |
| Coram – Family Information Service | Provide a tool to search for contact details for your local Family Information Service who can provide advice and support on childcare in your area |
The information on the law contained on this site is provided free of charge and does not, and is not intended to, amount to legal advice to any person on a specific case or matter. If you are not a solicitor, you are advised to obtain specific legal advice about your case or matter and not to rely solely on this information. Law and guidance is changing regularly in this area.
We cannot provide advice on employment rights in Northern Ireland as the law is different. You can visit the Labour Relations Agency or call their helpline Workplace Information Service on 03300 555 300.