Not returning to work and paying money back

[hobbgoblin]

Thanks to previous replies I've now sorted position on giving notice before the end of my Maternity Leave. However, just as I was about to compose resignation letter I see my statement of Maternity Pay thingy says that I am taking 52 weeks, whereby pay is at 90% then 50% until the last 90 days where it is nil. This is SMP and not topped up. It then goes on to say that I must return the 50% pay to County Council (my employer) if I fail to return to work after the 52 weeks.

I didn't think you had to refund or pay back SMP at all.

Help! I am never going to survive if this is the case...not sure how I have done since 50% pay was in effect tbh as a lone parent of 4.

[Lizcat]

SMP is 90% of your salary for the first 6 weeks then I think someone will correct me £123 per week. Yours seems like it has been topped up.
Anything you have received beyond this is additional maternity pay and if you do not return to work your employer is entitled to recoup it.
Check your contract you maybe be able to return to work for a relatively short time by the time you have taken your accumulated annual leave and keep the lot.

[TheFallenMadonna]

SMP isn't 50% is it? Isn't it around £120 a week -ish? After the 6 weeks at 90%.

[FairyCakeBump]

You're not only receiving SMP, you're getting company maternity pay, part of which is made up from SMP.

Taken from the DirectGov site - www.direct.gov.uk/en/MoneyTaxAndBenefits/BenefitsTaxCreditsAndOtherSupport/Expectingorbringin gupchildren/DG_175917

SMP is:

• for the first six weeks at 90 per cent of your average gross weekly earnings with no upper limit
  
• for the remaining 33 weeks at the lower of either the standard rate of £124.88, or 90 per cent of your average gross weekly earnings
  
  So you're getting extra money on top from the council - this is what they will want you to pay back.

[thisisyesterday]

agree with previous posters, that is not SMP. it has been topped up, and you will have to pay the extra back if you don't return to work

is there a minimum period you have to work in order to not have to pay it back?

[foxinsocks]

yes what Liz said is right and it's a pretty standard clause for a lot of employers who pay over and above the statutory minimum maternity pay (so 90% pay for first 6 weeks then SMP which is approx £124 a week for 33 weeks).

As Liz has said, check your contract. You often only have to return for 3-6 months rather than having to pay it back.

[hobbgoblin]

god i really do need to dig out paperwork don't i..?

now u mention, it actually said 50% or whatever smp is per week, whichever the lesser figure so i got that - less than 50%

last 3 months nothing, 90% for i think first 6 weeks.

[thisisyesterday]

if you did only get SMP then it probably just sayts that on all of them in case some people do get over and above that.

I would call your HR and check with them maybe?

[butterscotch]

Defo check your contract/terms and conditions as my additional pay if I leave within a year I have to pay it back

[onadietcokebreak]

Check your terms and conditions. My period of return only had to be 1 mth. My accured holiday covered most of it.

Ring HR if you are unsure on anything.