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If I don't come back do I still get maternity pay????

(13 Posts)
dyzzidi Thu 04-Aug-05 12:27:58

I'm only 18 weeks PG and have asked to come back part time after the baby is born. I will do a maximum of three days split however the company prefer. My immediate boss the area manager is all for it. I have spoken to one of my directors who said it will have to go to the board for the chairman to make a decision which is his way of passing the buck.

my question is if they do not offer me part time and i can't come back full time am I still entitled to full maternity pay.

My immediate boss does not think so but my DP thinks I am.

Does anybody actually know???

I feel so stupid asking this as i work in recruitment and should know but none of my Electricians have every rang me with this problem!

hunkermunker Thu 04-Aug-05 12:32:47

You don't have to tell them what you want to do until the end of your maternity leave.

If they pay over and above the statutory maternity pay, there's a chance that you'd have to pay that back (the extra), but you don't have to pay back statutory maternity pay.

Contact the Maternity Alliance for more info.

popmum Thu 04-Aug-05 12:33:35

look at tiger.gov.uk - should be able to give you the answer you need

robinia Thu 04-Aug-05 12:33:49

I wasn't entitled to it when I didn't go back after ds1 was born but that was in 1997. I had to go back for a minimum of (I think) 11 weeks if I wanted the maternity pay. Things may have changed since then though.

robinia Thu 04-Aug-05 12:36:37

But just seen this on http://www.dwp.gov.uk/lifeevent/benefits/statutorymaternitypay.asp

"If you do not intend to return to work, you can still get SMP. You do not have to repay SMP if you decide not to return to work"

so obvioulsy things are different now.

dyzzidi Thu 04-Aug-05 12:39:34

they will only be paying me SMP not anything over that.

I was thinking if worst comes to the worst I could come back full time for a month to work my notice period but i really don't want to do that.

bubblerock Thu 04-Aug-05 12:43:59

With Tesco I got 6 months pay then took an additional 6 months unpaid (still got BH pay & staff discount though) then they sent a letter to ask if I would be returning and I ticked the no box and sent it back to them - didn't even go in to say goodbye

sweetheart Thu 04-Aug-05 12:46:48

You don't have to repay SMP - if they pay you an agreed additional sum you may have to repay it depending on what your contract says.

Prufrock Thu 04-Aug-05 12:48:32

If you are only getting SMP then you do not have to pay back a penny. If you are getting above SMP, they can only make you pay it back if it specifically states so in your T&C, or the companeis maternity policy.

Remember as well that the onus is on them to say why it is not possible for you to come back part-time and they would have to provide valid business reasons.

expatinscotland Thu 04-Aug-05 12:48:33

You won't have to pay back SMP. However, my employer offers full-time pay for 4 months. If you take that and then don't return for at least 3 months, you have to pay them back.

dyzzidi Thu 04-Aug-05 13:23:50

They have no maternity policy. I have been here 8 years and since the company buyout 4 ears ago nobdy was issued with new contracts so I don't know if there is anything in there about maternity.

Believe me they will pay me the bare minimum they can get away with so Smp all the way i think.

Toothache Thu 04-Aug-05 13:28:11

Dyzzidi - My emploeys is exaclty the same, and nope you won't have to pay back anything if all you're getting is SMP.

dyzzidi Thu 04-Aug-05 13:33:12

Thank god for that. I just want them to say one way or the other. If they don't want me back I have six months to find a new part time job. I live in central manchester so don't think that will be a problem.

I just want them to let me know now but they will make me wait for ages I know they will.

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