How to handle resignations during maternity leave: tips for employers

When an employee heads off on maternity leave, the plan is for them to return.

Sometimes, however, personal or professional circumstances change and employees decide to resign while on maternity leave. This can be a headache for small business owners and is something you ideally want to avoid.

In this article, we’ll take a look at why employees may decide to resign while on maternity leave and, most importantly, what you can do about it.

Can an employee resign during maternity leave?

Put simply, yes. An employee has the right to resign at any time while they have an active contract of employment with your company, and that includes while they are on maternity leave.

If an employee wishes to resign while on maternity leave, they need to do so in the way that’s normal for your organisation, meeting your company resignation policy. This usually includes offering a written resignation and giving at least four weeks of notice.

If an employee still has maternity leave left to take, for example, they are in the middle of their agreed leave period, they do not need to come into the workplace and work their notice.

However, if an employee resigns at the end of their maternity leave, they do need to come back to the workplace and work their notice period.

What are the reasons for resigning while on maternity leave?

There are various reasons for resigning during maternity leave, some of which are related to the workplace and role, and some of which are brought about by personal circumstances.

One of the most common reasons is that the employee simply decides they want to spend more time with their child and less time at their desk.

Often, the time away from their role gives employees a chance to re-evaluate and gain clarity. As a result, some employees feel they want to strive for a better work/life balance, while some may decide that the role no longer aligns with their career aspirations.

Having a child often changes people’s perspectives and worldviews, as an employer the best thing you can do is to try to accommodate and support these changes in the hope of retaining your staff.

What are an employer’s obligations if an employee resigns during maternity leave?

If an employee resigns during maternity leave, you need to respond in the same professional manner that you would for any employee resignation.

Depending on the point in their leave at which they resign, the employee may need to return to the workplace to work their notice period. If this is the case, you should ensure they have all of the tools and resources they need to hand over their role effectively.

If an employee is not returning to the workplace because they have resigned too early in their leave, you will need to continue paying their agreed maternity pay until the end of their contract. If an employee does return to work to complete their notice period, you will need to pay them their full salary for this time.

How to respond to a resignation notice from an employee on maternity leave

When an employee submits a resignation notice while on maternity leave it’s important to respond promptly and professionally.

Below, we’ve listed some of the factors to consider when responding:

• Remain professional at all times. Even though you may be disappointed to lose a member of staff, don’t make it personal.
• Find a clear method of communication. If the employee is out of the workplace, you need to find the best method of communicating with them. Email ensures there is a written record of every communication in case of future disputes.
• Set a last day of work. Agree with the employee when their last working day will be, whether they will be returning to the workplace to work their notice period, and what will be expected of them during this time.
• Arrange an exit interview and handover. Offer the employee the chance to provide feedback on their time at your company and set up a system for the return of company equipment such as laptops and phones.

How can an employer retain employees who are considering resigning during maternity leave?

If an employee chooses to resign during maternity leave, you may not be able to change their mind.

However, for those who are debating whether or not to resign, there may be things you can do to convince them to stay.

One of the most common reasons employees decide to resign while on maternity leave is the need for more flexibility and a better work/life balance.

With childcare costs rising, many parents may find it is not financially viable to return to the workplace and pay for childcare, while others may simply want to spend less time at their desks and more time with their family.

So what can you do to support this? Some ideas include:

• Offering childcare vouchers or a salary sacrifice scheme to help working parents cover childcare costs.
• Implement a flexible working policy that allows employees to work from anywhere or work on a flextime basis.
• Be open to adapting an employee’s role to accommodate their new situation. For example, if a role previously included a lot of international travel, consider whether this could be altered.
• Allow employees to request part-time hours and be open to taking these requests seriously.
• Look closely at your workplace culture. Is there an expectation for employees to pick up work out of hours? Are there things you can change to make the return to work easier for working parents?

Final Thoughts

Supporting employees on maternity leave is a key responsibility for employers, and that includes ensuring they have the systems in place that they need for their return to work.

One of the most important things you can do as an employer is to keep communication open with staff who are on maternity leave. Ensure they have a way to raise their fears and concerns, and work with them to find a solution before it escalates into a resignation.

Resignations are a part and parcel of business, but there are steps you can take to prevent employees on maternity leave from feeling like resigning is their only choice.