Q: We have had a Manager off on PL since January this year. Since June she has been working an average of 25.5 hrs. per month. She has just informed the company she will not be returning from PL. Would her termination date now be as agreed by both parties since she has been working outside of the PL payment period rather than the start of the PL?
A: So, did parental leave finish in Jun? Was she only taking 26 weeks? Or is she still on a period of extended leave under parental leave?
Q: She is on the extended period of PL. Was due back to work in January 2023. I had a at the Keeping in Touch rules. It only mentioned the paid period not the extended period without payment.
A: Then the rules of the parental leave act apply (Section 46), the first day of parental leave (not the last day she worked) is her termination date. All earnings from that date forward are not part of the 8% on termination because she did not return to work.
You will need to go back to the day she started parental leave to determine was there anything owed at that time (outstanding annual holiday entitlement, 8% of gross at that time etc).