Yes. In the UK, you can resign while on maternity leave; you do not have to return to work first. Give the notice required by your contract, and check how your final pay, holiday entitlement and any enhanced maternity pay or return-to-work condition will be handled before you decide.
What resignation during maternity leave means
Resigning ends your employment, but it does not cancel rights or payments already due simply because you are on maternity leave. You remain employed during leave until your employment ends. Your notice period can run while you are on maternity leave, so in many cases you do not need to work during it. However, if your notice period extends beyond the end of maternity leave, you may be expected to work afterwards unless you agree otherwise or another arrangement applies.
UK employment rules apply across Great Britain, while Northern Ireland has a separate legal system. The basic practical steps are similar, but statutory entitlements and procedures can differ. If you work in Northern Ireland, check the relevant local guidance or get advice about your specific circumstances.
Notice, dates and how to resign
Check your contract and any staff handbook for the notice period and how notice must be given. If the contract does not specify notice, statutory minimum notice may apply: an employee who has worked continuously for at least one month generally has to give at least one week. A contract can require longer notice. If you want to leave sooner, ask whether your employer will agree in writing to waive or shorten the notice period.
Send a clear, dated resignation in writing to the person or address specified by your employer. State that you are resigning, identify your intended final day of employment, and ask for written confirmation of the notice end date and final-pay arrangements. Do not assume the date you send the message is automatically your last day: notice usually runs according to the contract and the applicable rules.
- Check your contract, notice requirements and any maternity-pay terms.
- Work out the proposed notice end date and check whether it falls before or after your planned return.
- Write to your employer, keep a copy and request confirmation of key dates and payments.
- Ask for a breakdown of final pay, accrued holiday and any maternity pay recovery or deduction.
Pay, holiday and maternity benefits
Statutory Maternity Pay (SMP), if you qualify, is normally payable for up to 39 weeks. Resigning does not normally stop SMP that is already payable: it can continue after employment ends, subject to the eligibility rules and the length of the SMP period. Maternity Allowance is a separate benefit administered through the benefits system; ask the relevant government service about your individual position if your circumstances change.
Some employers offer enhanced contractual maternity pay on top of SMP. The terms may say that an employee must return to work for a specified period or repay some or all of the enhanced amount if they do not. This is not the same as losing statutory maternity pay. Read the written policy carefully and ask the employer to identify the exact clause and amount it says could be repayable. Do not assume that all maternity pay must be returned.
Holiday continues to accrue during maternity leave. Untaken statutory holiday cannot simply be lost because you were on maternity leave, and it may be possible to take accrued leave before your employment ends if dates are agreed. Your final payslip should account for holiday pay due, along with salary or other sums owed. Check any proposed deduction against your contract and the applicable rules before accepting that it is correct.
Template: resignation letter during maternity leave
To: ______________________________
Date: ______________________________
Subject: Resignation
Dear ______________________________,
I am writing to resign from my position as ______________________________. My notice period is ______________________________, and I understand my proposed final day of employment to be ______________________________.
Please confirm my final employment date and provide details of my final pay, accrued holiday and any maternity-pay terms that may apply.
Yours sincerely,
______________________________
Sample — fictional details: To: Jordan Lee, HR; Date: 10 March 2026; I am writing to resign from my position as office assistant. My notice period is four weeks, and I understand my proposed final day of employment to be 7 April 2026. Please confirm my final employment date and final-pay arrangements. Yours sincerely, Alex Taylor.
Alternatives to resigning
If you are unsure about returning, resignation is not the only option. Depending on your circumstances, you could ask about changing your hours or work pattern, using accrued annual leave after maternity leave, or taking unpaid parental leave. You may also be able to request flexible working under the applicable process. These options do not guarantee that a particular arrangement will be approved, and some have eligibility or notice requirements.
For example, if your notice period is four weeks and you give notice several months before your planned return, it may end during maternity leave. If you resign only shortly before the planned return, part of the notice period may fall after leave and could involve working. Discussing dates early can help avoid an unexpected return date or disagreement about notice.
Common problems and checks
- Assuming resignation cancels SMP: statutory maternity pay already due is generally not cancelled just because employment ends. Confirm your dates and eligibility with the employer or relevant authority.
- Confusing enhanced pay with statutory pay: a return-to-work condition may apply to an enhanced contractual benefit, not necessarily to SMP. Ask for the policy in writing.
- Overlooking holiday: ask for a calculation of accrued, unused holiday and how it will be paid or taken.
- Giving notice without checking dates: notice can run during leave, but the final date depends on your contract and when notice takes effect.
- Resigning because of a workplace dispute: if you believe you are being treated unfairly because of pregnancy or maternity, or feel pressured to resign, get independent employment advice before acting. Resignation can affect your options and time limits may apply.
For an individual dispute, possible repayment claim or uncertainty about legal rights, ask a qualified employment adviser or solicitor. This general information is not a substitute for advice on your circumstances.
Frequently Asked Questions
Can I resign while on maternity leave without returning?
Yes. You can give notice during maternity leave and may not need to return if your notice period ends before your planned return. Check your contract and agree any different notice arrangement in writing.
Will I lose maternity pay if I resign?
Resigning does not normally end statutory maternity pay that you are entitled to receive. Enhanced contractual maternity pay may have separate conditions, so check the written policy before deciding.
Do I have to work my notice after maternity leave?
Only if your notice period runs beyond the end of leave and your employment continues into that time, subject to your contract and any agreement with your employer. Notice can often run during maternity leave.
Can my employer make me repay maternity pay?
There is no general rule requiring repayment of statutory maternity pay just because you resign. A contract or policy may set conditions for enhanced maternity pay; ask the employer to explain the clause and amount in writing.
What happens to my unused holiday if I resign on maternity leave?
Holiday continues to accrue during maternity leave. Ask whether you can take accrued leave before your final day or receive payment for untaken holiday in your final pay.