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Want to terminate my contract - will it effect my SMP?

(4 Posts)
misshoohaa Wed 07-Sep-11 13:34:39

Hi all,
I have been off work since June and have no intention of returning to work for a number of reasons. Essentially I don't want to put my baby in childcare and if and when that time comes the job I'm in isn't suitable (time overseas, long commute etc). I'm keen to let my employer know asap so that they can sort my replacement as they are assuming I'm returning, and I'd rather be upfront and honest with them. If I terminate my contract now it won't effect my SMP will it? It's only ever been statutory, so am I right in thinking they will continue to pay me for the full 33 weeks?

Grevling Mon 12-Sep-11 10:34:03

Once you qualify for SMP you get it regardless. Anything above SMP you have to ask your employer about.

Just tell them you're leaving and put the date down as the last week you'd get SMP to make things easy.

Bohica Sat 17-Sep-11 12:24:50

Greling is spot on, you can resign and state the last day you receive smp as your last day. You will then receive smp + any holidays owing to you in your last payslip. I was receiving 90% of my wage for a period of my maternity leave so I had to return to work to carry out my notice period, I used holiday days and only had to return for one week before I could then leave, my other option was to pay the extra maternity payment back and not return (this was with the NHS)

I think it's great to give them as much notice as possible and keep it nice and friendly, you never know if you might need to return!!

flowery Sun 18-Sep-11 15:35:13

It won't affect your SMP, but don't have your termination date on the last day SMP is due, because you'll miss out on 3 months' worth of holiday/other benefits then.

Resign with effect from the last day of your one year maternity leave entitlement. Your SMP will have finished at the end of week 39 but you'll continue to benefit from holiday and other contractual benefits for a further 3 months. Once you've left, you will need to be paid for any holiday accrued and not taken so you should get a nice lump.

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