Am i entitle to SMP if I leave my job?

[Piluka]

Hi,

I'm 17 weeks pregnant and recently I had a meeting with one of my bosses about my pregnancy and so on. The subject of maternity leave was on the table. My idea is to don't come back to my workplace after the baby is born. I want to tell them so they can find the right person for my position before I leave. My question is, would I be entitled to anything of maternity pay? They are just offering the average SMP (90% of my salary for 6wks + £184 x33wks) so, would I be entitled to anything of this if I say now I'm not going to return after giving birth? Or what could I claim to help a little for few months?

I'm a little bit confuse atm. So, any help more than welcome.

TIA!

I don't know the answer to your question but I'd urge you not to resign yet. If you stay employed during maternity leave you will also accrue holiday during this time which you can take at the end when you are unpaid or be paid in a lump sum.

Additionally they will keep paying into your pension if you have one, and will probably receive other benefits. You are really much better off not leaving your job, and especially if you are just doing it to be nice to them.

Also what if your circumstances change and you have to go back?

If you don’t qualify for SMP, you are eligible for MaternityAllowance which is £184/week x 39 weeks (if I remember correctly, you can google Maternity Allowance, it’s explained on gov.uk in more detail).

Don't tell them, just give them notice in line with your contract. The last thing you want is to faff around with maternity allowance when you qualify for SSP.

Don't tell them, just give them notice in line with your contract at the end of your mat leave. The last thing you want is to faff around with maternity allowance when you qualify for SSP with your current employer. Also, you will accrue annual leave during this time and it will get paid to you at the end.

Why would you leave now? You have about 10 weeks to go before you can start maternity leave. In this time you will accumulate your holiday entitlement which is full pay and you can take this at the start or end of your maternity. If you are struggling to work then sick leave can not be looked at the same as normal sick when pregnant. You don’t need to tell them you won’t be returning after maternity leave yet, you just give your notice at the end of your maternity leave in line with your contract.

Thanks to everyone so far.

I need to clarify also I'll move country several months after the baby is born that's my mainly reason to don't come back. Moreover, I work in a small company so I don't want them to think I am going to come back when actually I'm most likely to move to another country.

@Kt1704 i would leave in Feb when the baby is due, not right now. I need my salary! Á

@Piluka Oh okay! From what I think we understood is you’re looking to leave right now. You’re looking to leave in Feb.. You will still be entitled to SMP from your work place and all the holiday you are entitled to. I suppose you can give them the idea you are not returning after maternity leave, they then cannot refuse you the leave. What’s the point to faff around with maternity allowance when you’ll be more than entitled to SSP. That’s what I’ll do anyway!

Agree just let them know you are not planning returning if you definitely don't want to. They are not offering enhanced leave so you won't need to repay anything. I personally wouldn't tell them in case circumstances change, but it seems you really want to and don't think they will.

You also accrue benefits (inc employer pension contributions) and annual leave during your maternity leave period so you would be disadvantaged by leaving before your leave.

Hi OP, I moved to another country when my first born was 8 weeks old (still live here and she's now 4).
I went on maternity for a year then handed in my notice as it was due to end after holidays etc.
It probably sounds bad as I knew from the beginning I wasn't going back but it was good to have the safety net as I settled into our new life! I didn't hide that I was going abroad, I just said it's a 'trial' to see how it goes

@sel2223 ohh, that's a good idea (trial thing) when did you mention it? At what point of your pregnancy or maternity leave?

@TheOneWithUnagi basically I want to tell them because they've been fantastic with me and my pregnancy. I owe them this I think. I don't want to let them down. (I work for a small local business so, after these years we are kind of a family somehow.) but I'm afraid they would cut down everything and then I would be desperate for money (I have some savings but we'll need a lot of money to move out and bring furnitute from one country to another.) so, any penny counts. I'm in two minds with what to do.

@Kt1704 maybr I'll drop the idea of going for a trial as it has been suggested. The thing is, when to say so?

Yes if you leave you are still entitled to receive all of your SMP.

@MinervaMcGonagallsCat many thanks!

You need to still be working until 15 weeks before the birth (around 25 weeks pregnant) to qualify for SMP. You'd still get it even if you resigned after that point. I'd go on maternity leave and then resign on leave giving however many weeks/months notice required. Your notice can run while you are on maternity leave.

@Piluka When you have a next convo about maternity leave or I would do it when you hand in your letter with starting date of maternity leave. You can just be ‘honest’ and say look I’m moving country as a trial but I will keep you all updated on my return to work. Once you are on maternity and not working I’m sure you’ll feel more confident and less guilty about actually giving your leaving notice.
like you said you are like a small family at work and worked there years, so you are really entitled to maternity leave and the benefits, with all your hard work you deserve that! You should think about yourself and new family 😊

I am currently on maternity leave, I have been with my employer for over a year. If I decide to quit whilst in maternity leave, am I still entitled to the rest of my SMP? I’m worried about quitting and losing the money I am currently earning?

@RandAMumma once you qualify for SMP then you will still get it all even if you leave your job. Its only if you get enhanced pay that you may have to pay some back if you don't return to work