# P45 after maternity leave



## Wafer (14 Jul 2008)

Hi, 
Just wondering if anyone can help on a small issue I've come up against...I handed in my notice at work last week after taking my full maternity leave paid and unpaid (I was not topped up during my leave by my employer).  The reason for giving up my job is that I have two small children and going back to work fulltime was just not an option for me and allowing me to work part-time was not an option for my employer.  Thing is that I have spoken to the Financial Controller about getting my P45 as I want to get our tax situation sorted and he said that he has to check into it as I have not been paid anything by the company this tax year and so he's not sure if a P45 can be generated on that basis or what the situation is.  Would anyone have come across this before?  I'm sure it's a fairly common situation in bigger companies.  

Thanks in advance for any replies...


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## Diziet (14 Jul 2008)

Why not give the tax office a quick call and check? They are generally very helpful.


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## job hunt (15 Jul 2008)

When on matrenity leave, extended or otherwise you are a protected employee ie when you come back to work, u must be in the same position when u left. If you give your notice after maternity leave (including extended) you must recieve a p45. It's illegal for them not to give it you and your leaving date is day your notice expires.


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## Towger (15 Jul 2008)

The company still owes you holiday pay. Once they pay it they should have not problems generating a P45 for you.

*What to include when calculating an entitlement to holidays​*2.4 In calculating how many days’ holidays to which an employee
may be entitled, employers should include all hours worked
including time spent on annual leave, time spent on maternity
leave, parental leave, force majeure leave, or adoptive leave,
and time spent on the first 13 weeks of carers leave. Employees
do not accrue annual leave while on sick leave, occupational
injury, temporary lay-off, or career break.​


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## Welfarite (15 Jul 2008)

You're entitled to a P45 as it will have to show date of leaving plus annual leave payments due. I'm sure FC will sort it out, sounds like they just weren't sure of proper procedures. BTW, did you apply for your PRSI credits for the unpaid leave by giving this to your employer?


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## ubiquitous (15 Jul 2008)

It is possible to issue a P45 with nil earnings on it.


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## Wafer (15 Jul 2008)

Thank you all very much for that information...


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## Snork Maiden (15 Jul 2008)

Dont forget that you are also entitled to Public holidays while on Mat leave......either as additional days or as payment in lieu.  So any Public holidays occuring during your mat leave can be added to any annual leave you have accumulated!


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