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SMP on Notice Period

13 replies

choccyfountain · 06/02/2026 17:01

Hi all! I'm looking to go back to work but don't want to return to my current workplace. I'm currently 9 months into my maternity leave and get SMP. I have an interview for a new workplace and if I get accepted I'm contracted to do "6 weeks notice" with my current employers and can't afford to put my notice in and not be paid SMP while serving my notice period.

Does anyone know if I'll still receive my SMP til my start date at my new job?

Thank you!

OP posts:
skilpadde · 06/02/2026 17:31

SMP is 39 weeks in total. If you’re 9 months into your maternity leave, you’ll have just hit the end of your SMP entitlement, I would think. The last 3 months of your maternity leave are unpaid, unless your employer is paying OMP for a long period.

choccyfountain · 06/02/2026 17:35

skilpadde · 06/02/2026 17:31

SMP is 39 weeks in total. If you’re 9 months into your maternity leave, you’ll have just hit the end of your SMP entitlement, I would think. The last 3 months of your maternity leave are unpaid, unless your employer is paying OMP for a long period.

I get 12 months SMP off my current employer x

OP posts:
choccyfountain · 06/02/2026 17:41

I think I've figured out that I may have just hit the eligibility for smp and the last 13 weeks are enhanced maternity pay from my employer. However if I'm to work my notice period what would they expect from me because I'll still have to be paid in some shape or form? Would I be required to return back to work to work those 6 weeks maybe?

OP posts:
rubyslippers · 06/02/2026 17:42

choccyfountain · 06/02/2026 17:41

I think I've figured out that I may have just hit the eligibility for smp and the last 13 weeks are enhanced maternity pay from my employer. However if I'm to work my notice period what would they expect from me because I'll still have to be paid in some shape or form? Would I be required to return back to work to work those 6 weeks maybe?

Check your contract and speak to ACAS

LIZS · 06/02/2026 17:45

choccyfountain · 06/02/2026 17:41

I think I've figured out that I may have just hit the eligibility for smp and the last 13 weeks are enhanced maternity pay from my employer. However if I'm to work my notice period what would they expect from me because I'll still have to be paid in some shape or form? Would I be required to return back to work to work those 6 weeks maybe?

Depends on any conditions stated when you went on ml. Commonly you have to return to work for a minimum period before giving notice to keep it , otherwise any enhanced maternity pay received above smp throughout your ml may be repayable.

BaronessEllarawrosaurus · 06/02/2026 17:45

choccyfountain · 06/02/2026 17:41

I think I've figured out that I may have just hit the eligibility for smp and the last 13 weeks are enhanced maternity pay from my employer. However if I'm to work my notice period what would they expect from me because I'll still have to be paid in some shape or form? Would I be required to return back to work to work those 6 weeks maybe?

If its OMP you need to check your eligibility. Most have a restriction of returning for at least a period of time and it may be over the 6 weeks.

LIZS · 06/02/2026 17:46

And it is likely more than six weeks if so. Remember you have accrued leave you can be paid for or take before returning and up to 10 KIT days

choccyfountain · 06/02/2026 17:49

Thanks for all the info guys! I've worked out I'm currently on week 31 of my SMP and need to do a 6 weeks notice so if I put my notice in in the next two weeks I should still receive SMP during my notice period plus the holidays accrued since January 😬

OP posts:
PinkFrogss · 06/02/2026 17:50

Did you get any occupational maternity pay at the start of your leave?

Or is your policy just occupational pay after SMP?

choccyfountain · 06/02/2026 17:52

PinkFrogss · 06/02/2026 17:50

Did you get any occupational maternity pay at the start of your leave?

Or is your policy just occupational pay after SMP?

I just got the standard first 6 weeks 90% of my pay and then for 33 weeks £187.18 or 90% whichever is lower like the SMP states xx

OP posts:
choccyfountain · 06/02/2026 17:54

I am wondering though if I pitched that they waiver my notice period they might just do it so that I could start my work quicker and they can hire someone quicker seeming as I'm technically not working at the moment anyway!

OP posts:
LIZS · 06/02/2026 18:14

So what is the enhanced pay after 39 weeks? You could just give notice at 33 weeks and not owe anything,

choccyfountain · 06/02/2026 18:15

LIZS · 06/02/2026 18:14

So what is the enhanced pay after 39 weeks? You could just give notice at 33 weeks and not owe anything,

Yeah deffo I just need to see if I get this job first if not I'll have no choice but to return after my smp as usual for financial reasons!

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