SMP

[PamBagnallsGotACollage]

Hi,

I'm hoping there might be someone who has been in a similar situation to me (or who just knows about this stuff) that can help me out with a query.

So, I'm due on the 19th of March. I don't want to return to work after Mat leave. I want a couple of years to concentrate on my family. Work has been super stressful for the last two years and I have just about coped with one child. Work + a toddler and a newborn just doesn't appeal and we can manage financially, so I just want out for now.

Anyway, following a difficult first pregnancy, 2 miscarriages in the past 18 months and being ill and stressed during this pregnancy I have decided to hand in my notice to leave 31st Dec.

This would be 11 weeks and a few days before my due date. I know I can start SMP 11 weeks before my due date. I also know I qualify for SMP from my current employer as I will have been there for a lot longer than 26 weeks before I am 15 weeks from my due date and I will still be employed for a few weeks after my 15th week before my due date.

So...do the days between me officially leaving (31st Dec) and my proposed SMP start date (w.b. 4th Jan) have any effect on my plans?

I have emailed my union for advice and have tried hard to read between the lines on various union, maternity and gov websites but I was hoping someone on here with experience/ knowledge might be able to offer some advice.

Thanks in advance!

I can't really understand your whole post but would you not be better to hand your notice in with effect from 1st April so that you get all the maternity entitlements from Burgundy book & only have to pay back a small amount of occupational maternity pay?

By no means an expert, but I would have thought that if you've resigned from you job you wouldn't get SMP??? Happy to be proved wrong on that one though.

I would have thought you would have to notify you are starting your SMP on 4 Jan and then if your school goes back before that, either go in for a couple of days or go sick. You can then resign once you've had your SMP.

I fully understand why you don't want to work with 2 young children. I can also see that you're trying to do the best by your school by resigning - that way they can appoint a permanent replacement rather than all the uncertainty and change that goes with maternity cover. But I would worry that you would be burning your bridges too early. What would happen if your partner lost their job? Or mortgage rates went through the roof? Or you discovered that the stress of school is preferable to being at home with a baby and a toddler (unlikely I know)?

I think this is one of those things that rather depends on the relationship you have with your school leadership. Can you sit down with them, explain your thinking and ask them how they would like you to proceed?

You won't get smp if you resign! Go on maternity leave, defer occupational maternity pay and then hand your notice in at the end of your maternity leave.

I'm not concerned about receiving full occupational maternity pay. I want to leave at Christmas. My husbands job is very secure so we have no concerns on that front at present. If things change we will deal with it then. The excerpts below demonstrate that I will be entitled to SMP I just need to know if the few days gap between the two will cause any kind of problem. The first excerpt suggests perhaps not.

This is from equalityhumanrights.com: Once an employee satisfies the qualifying conditions for SMP, SMP is payable by you even if the employee subsequently resigns, is dismissed or advises her employer that she will not be returning to work from maternity leave. If this occurs prior to the start of maternity leave, payment of SMP may be triggered early.

And this is from maternity action.org: You will still be entitled to Statutory Maternity Pay if your job ends after the end of the 15th week before your baby is due (this is roughly week 26 of your pregnancy) and you meet the normal qualifying conditions. However, if your job ends before the end of the 15th week before your baby is due you will not be entitled to Statutory Maternity Pay but you may be entitled to Maternity Allowance instead. These rights are explained below.

Toomuchicecream: that's not an option. SLT not supportive.

And thanks for replies so far everyone!

Bump :)

I'm not sure about teachers conditions as holidays are fixed, but ordinarily you'd also stop accruing leave once you resign.

Do you mean in terms of Xmas hols? Autumn dates 'officially' go to 31st Dec so I would be paid until then.

why not just start you maternity leave at 29 weeks and then do your resignation at a later date.

Because I want to resign now. I know I don't want to return so I want to be open and honest about that. I work part time and have a very good relationship with my job share. I want to make sure the school have the opportunity to find someone to replace me permanently as soon as possible.

Sorry my post didn't make sense... ordinarily someone would have their year maternity leave and in that year accrue their annual leave to take.

So if you resign now, you'd no longer be employed and not get this leave period.

I don't know if this is the same in teaching as you don't choose the holidays.

You'd also have a years less employed service on your pension?

Can you resign with a letter of I wish to take maternity from jan - dec 15 and also tender my resignation from dec 2015. So you've resigned and given a long notice but still employed.

Thanks Choco. I don't think the holiday thing applies with teaching.

I might consider your last para as hadn't thought about pension!

I was made redundant and my contract ended on Aug 31st when I was 28 weeks and I am getting smp.

Thanks, Norma. That's helpful. Sorry to hear about redundancy though.

Just in case any one is ever curious about such matters...

I spoke to a union rep today and you are still eligible for SMP even if you resign as long as you are still employed after the 15th week before due date. Even if your leaving date is before your SMP start date.

A relief for me anyway!