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Do I get paid my salary if I hand in notice on mat leave???

3 replies

Rachski · 10/03/2008 16:05

Hi, I am just about to start my 3 months additional maternity leave and plan to hand in my notice (3 months) during this period of time. I have looked on the Directgov website and it says that I would be due my normal salary during this period, however, I have phoned ACAS and been advised that as my notice peiod is longer than a week for each year of my employment I am not due this. I am confused, can anyone help??

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Piccalilli2 · 10/03/2008 16:10

I'm afraid ACAS are right about this - there's a weird legal provision that says if you're notice period is statutory minimum (i.e. 1 week per year of service), you get paid during notice even if you wouldn't normally be receiving any pay e.g. because you're on mat leave or on sick leave and sick pay has run out. HOwever, if your notice period is more than statutory minimum, the legal provision doesn't apply and they don't have to pay you.

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Rachski · 10/03/2008 16:12

Ah well, thought the directgov info was too good to be true.
Best get applying for jobs then!
Thanks for your help.

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flowerybeanbag · 10/03/2008 17:51

rachski could you link me to where on directgov it says you should get notice pay if you hand in your notice during a time when you are not receiving any salary?

It's just I've never known that site to be incorrect so I'd be interested to see where you read that, if you can link it for me.

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