If I decide not to go back my SMP will stop, won't it?

[doricpatter]

Just that really. It's looking clear that we're not going to find mutually agreeable hours. But I have 4 months ML left. I want to lay my cards on the table but if my employer knows I'm not coming back will I then lose SMP? We're thinking about moving house and if so it adds pressure to find work at our new location.

No, your statutory entitlement (SMP) is the same whether you return to work or not.

You may be required to pay back anything you received from your employer over and above the SMP. Check your contract.

No retainer this time :( says it all really. That's reassuring though, thanks.

You keep your SMP but you shouldn't resign anyway. You get full benefits for the duration of the year you are entitled to for maternity leave, including all your holiday. If you resign so that your termination date is before a year you will lose holiday pay which could be significant.

Thanks flowery. I'd be due 5 months holiday pay - about 13 days, a lot of money. It's a small business and my relationship with the boss is based largely on goodwill. I don't want to leave on a sour note by asking for money when I haven't been at work for months and he's had to pay a replacement. I know I should, but I know it wouldn't go down well. There's someone who does the accounts who might be sympathetic if I dropped a hint though ... I might try that. Thanks for that point though, hadn't thought about it.

Would he really cause problems for you in future because of something like this? It's not about dropping a hint - you're not asking for any kind of favour - it's about resigning and ensuring you give a termination date at the end of your year maternity leave rather than in the middle.

Up to you of course, but although you've obviously already taken some of it, you accrue 28 days holiday during maternity leave if you are full time on basic holiday entitlement, and that's not to be sniffed at! If he's a decent boss he would be horrified that you might be sacrificing some of your entitlements because you're worried about irritating him.

I know, I know. I don't think he'd be horrified. He's not big on holidays - one of the hazards of being employed by a workaholic. I'll see though.

are you actually entitled to the holiday leave pay if you don't go back? i know you're entitled to the leave but if you don't go back do you actually have a right to the money instead?

you have a right to be paid while you're not there - you book the holiday to tag on the end of your ML and set your resignation date as after your holiday is finished, I know a lot of people who've done that.