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Resigning when pregnant - does employer need to pay your maternity leave?

(4 Posts)
CandyCrush77 Mon 31-Aug-15 16:55:23

I am considering whether TTC number 3. I have been in my current job for 9 years but have been considering leaving for sometime as my boss is horrible and a complete bully. I know I could raise a grievance etc but have decided the best thing would be to find another job then resign as I can't face all the hassle and nastiness of going down a formal process. I am tempted to find another job, resign then TTC but that obviously makes no sense and isn't very fair on my new employer. So, I was thinking of TTC quite soon, then would take maternity leave, around 6 months of which is paid at a fairly good rate. If I chose to resign before I went on maternity leave, would my employer still have to pay my maternity leave in accordance with their usual maternity policy or is that only if they fire me? Also, I recall vaguely that there is something that requires you to actually return to the same job otherwise they can make you repay the maternity pay - anyone know if this is still correct? I am guessing the best thing is to stick it out, return to the same job then look for another one but really hate it and not sure I can last that long. Or maybe I should defer having another baby until I am safely into another job but I have just turned 39 and it may not be best to keep waiting. Any advice would be gratefully received!

XCChamps Mon 31-Aug-15 17:01:39

They only pay enhanced MP if you are still employed by them. SMP would be paid either way.

If you get enhanced pay, it is common for employers to insist that you return to work, or repay the enhanced pay, but not all do.

LIZS Mon 31-Aug-15 17:11:17

Iirc you still have to be employed by the same employer to receive your Smp/enhanced pay. Bear in mind any enhancement may be repayable if you didn't return. You may be eligible for ma if you resigned before or while pg and met the criteria.

poocatcherchampion Tue 08-Sep-15 21:44:46

I've gone for your change jobs while on mat leave approach.

If I get the job I will expect to pay back my enhanced pay. Although it is from local authority to local authority so I am hoping it might still count as continuous service. Any la hr experts know? It is unlikely I think

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