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Posted

Need to some help with regards to working out if someone is owed any money if they have handed their notice in...

 

Employee has been on maternity leave for 2 years and handed notice in during the summer holidays. Last day of work, would of been the 7th of September 2015 (first day back of the new academic year).

 

Would you think the employee is owed any money? bearing in mind employee didn't attend work on the last day? Employee handed notice in the holiday period (summer break) and has been paid all holiday pay that is owed.

 

What I am trying to work out, is she owed 4 weeks wages even though she hasn't worked her 4 weeks notice because it was in the holiday period?

 

I hope this makes sense, I am seeking legal advice too but as yet no luck!

Posted

I'm confused - she was on maternity leave for 2 years? Was this with 2 different children, as she's entitled to 52 weeks mat leave?

Posted

I'm confused - she was on maternity leave for 2 years? Was this with 2 different children, as she's entitled to 52 weeks mat leave?

yes two different children x

Posted

In a school environment, I think she would owe you any money that she had been paid that was not her statutory requirement.. You have to return to work for at least the equivalent of 13 weeks to keep all your maternity pay. Not sure how, even if you pay differently you could owe her money in these circumstances.

Posted

No - you don't owe her any money. The only thing accrued to anyone on maternity is holiday pay. The notice was simply notice that she wasn't returning to work following maternity leave - she didn't work it so she isn't owed it. As long as holiday is all paid up - you're done.

  • 2 weeks later...
Posted

thanks for all the feedback. I worked it out, that she wasn't owed anything :-)

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