Do you still get maternity pay if you leave your job?
James Olson
Updated on March 22, 2026
As long as you’ve already qualified for statutory maternity pay you’ll still get it if you leave your job. The reason you leave doesn’t matter – it’s the same whether you resign, are sacked or are made redundant. This could be different if you get contractual maternity pay.
Is it bad to quit job on maternity leave?
So, yes, legally you can quit now; you don’t have to wait until you return from FMLA. You also don’t have to give two weeks’ notice. That’s a nice thing to do, but it’s not required by law, only convention. Clearly changing jobs at this time isn’t as easy as you may think, but it’s completely legal.
What happens if I don’t return to work after maternity leave?
It’s unfair dismissal and maternity discrimination if your employer doesn’t let you return to work after maternity leave, or if they offer you a different job without a strong reason. They can’t offer you a different job if: your job still exists – for example if they’ve given it to someone else.
Can my employer ask when I will return from maternity leave?
Can my employer ask me when I will be returning to work after maternity leave? An employer can ask when you are going to return to work. It is advisable to provide as much information as you can, but you should not: Be put under pressure to provide information about when you will return before you are obliged to do so.
Can I start a new job while on maternity leave?
If you start a new paid job during maternity leave you should inform HMRC and give your due notice. Your SMP will stop the week you start the new job. You can get round this by starting the new job in the unpaid part of your maternity leave [after nine months].
Can your employer change your job after maternity leave?
If you returned after ordinary maternity leave you have a legal right to return to the same job. If you returned after additional maternity leave you have a legal right to return to the same job unless it is not reasonably practical, in which case your employer is allowed to offer a suitable alternative job instead.
Can my employer change my job during maternity leave?
– You have the right to ask for changes to your hours, days or place of work on return from maternity leave. – You are protected against unfair treatment, unfair dismissal and discrimination because of pregnancy, childbirth and maternity.
Can I be fired after maternity leave?
An employer can’t fire you because you are taking FMLA leave: That would be retaliation, which is illegal. However, an employer can lay you off or fire you while you are on FMLA leave, if your leave has nothing to do with the termination. This is because you would have been laid off even if you didn’t take FMLA leave.
Can I work another job while on unpaid maternity leave?
In addition, it is unacceptable for an employee to work for another employer while on unpaid parental leave. If caught doing this, the employee will be seen as back at work and their Paid Parental leave payments would stop.
Can I ask an employee when she will return from maternity leave?
Federal Pregnancy Discrimination Act As a result, employers cannot ask a worker about their maternity plans. Most questions about maternity leave are off limits within the confines of employment. They cannot ask you what you plan to do once you’ve had or adopted your baby as far as returning to work goes.
When do you go on maternity leave when you start a new job?
You are entitled to maternity leave if you start a new job and you are already pregnant. You will need to give your new employer notice that you want to take maternity leave by the 15 th week before your baby is due or as soon as you reasonably can, see Maternity Leave below. Employees can take up to 52 weeks’ maternity leave.
How many weeks can you take off work for maternity?
FMLA Maternity Leave Regulations The Family Medical Leave Act (FMLA) is a federal law that gives you the right to take up to 12 weeks off work per year for caring for a new child and due to other health reasons. It includes both maternity and paternity leaves and gives you the right to return to your work.
Do you get paid full salary while on maternity leave?
Again, this depends on the company, but your employer isn’t required to pay you your full salary while on leave. This makes many women consider changing jobs, leaving jobs, or working for themselves either during or after their maternity leave.
Do you have to hand in your notice after maternity leave?
If you’ve made the decision that you’re going to leave your job after maternity leave, you’ll have to hand in your notice at some point. Many people struggle with the ethics of this particular situation. There’s no need to feel guilty about leaving your job, but it needs to be done the right way.