What maternity pay am i entitled to if I don't want to return to work?

[happytree]

Hi,
I've posted this on money matters but no responses so thought I'd try here.
I'm 4 month preg with DC2 and DH has got a new job so we will need to relocate. I am remaining at my job until maternity leave begins (end of oct) then will relocate with DH and DS to give birth. As such I will not be returning to my current job at the end of my maternity leave. My question is, am I still entitled to SMP? I know that any extra would need to be paid back but is there a way I can claim (or a form I should be asking for?) the basic SMP from the very start of maternity leave rather than the 90% etc?
Thanks for any advice

The word bully I think is relevant here and I do feel very intimidated by her. When you write a resignation letter, can you add the date of resignation as the end of mat leave and therefore not lose out? ie if I said I resign June 2012.

Yes, you are entitled to that 90% for the first 6 weeks and the SMP afterwards, no matter whether you return to work or not. You will not need to pay it back, your boss is either mistaken or deliberately trying to mislead you.
I agree with those who say don't resign yet- wait until near the end of your maternity leave, especially if you don't have much confidence in your HR dept.

If you wanted to be nice to them and let them get on with replacing you you could always say let's be adult we both know I'm not coming back so my holiday pay could come as a lump sum in return for my resignation.

why would you do that happytree? your circumstances might change and you might need to go back to work. If you've already given notice they could hold you to that and you couldn't change your mind. I had no intention of going back to work (had relocated) my company knew that, but I didn't resign until the last minute, just in case. I needed to protect my job in the event DP was made redundant.

As far as I know everything everyone has said is correct regarding your entitilement to 90% followed by SMP regardless of the fact that you are not intending to come back to work.

If this is worrying you and you find the written information daunting I think your best bet is to go see the Citizens Advice Bureau, I've always found them brilliant at breaking this stuff down into easy pieces and helping with wording of letters and what have you, plus you can absolutely trust what they say, plus they can help you not only with the maternity issue but with the bullying boss if necessary.

Good Luck

I would n't add any thing about the resignation , just confirm when you plan to start your leave and make a mental/diary note to write at the relevant time.

No. Just don't write a resignation letter, with any date on it. Tell your boss that you will be taking the full year's maternity leave and will be in touch towards the end of it to discuss arrangements.

Ok, no letter of resignation. I'll just have to say no to her.