Do i get maternity pay if i don't want to return to work?

[wheresmytractor]

I have been teaching at the same school in Devon for 10 years and 3rd and final baby is on the way. My husband has just got a new job in Cornwall, to start in Sept when the baby will be a month old. I will be on maternity leave and had intended to return to work after 9 months but now ofcourse i will not.

Will I still get paid maternity leave? I know i can forfit the 12 weeks half pay at the beginning of the maternity leave (and when/if i return i get a lump sum, and if don't return just don't get paid it) but what about SMP? Should i keep quiet and at the end of the 9 months just give notice of my not returning? (that feels a bit underhand) or be upfront? Have no clue what i'm entitled to when i don't want to return to my job.

Thanks in advance for any advice

x x

Everyone gets SMP whether or not they return to work.

As Lawrie says, as long as you meet the requirements for SMP you get (and keep) it regardless of whether you stayed employed or leave.

Having said that, I really wouldn't rush to hand your notice in for two reasons.

Firstly, you get all your contractual benefits during maternity leave, so there's no point rushing to resign before a year is up.

Secondly, keep your options open. Assuming you start mat leave in August when baby is due, you will still have months and months of maternity leave before you have to resign. A lot can happen in that time - what if your husband's new job doesn't work out or something? You might be glad to at least have the option of going back to your old job available to you.

Thanks flowery and LawrieMarlow I really appreciate you taking the time to reply and thats good advice flowery

Cheers x

We moved during my mat leave. The idea is you are supposed to pay the school back for anything over and above smp if you don't return for 13 weeks (fulltime - would be 26weeks on 0.5timetable) but as it happens they never chased me to pay money back but my timetable was 0.2 and think was £600 extra- in fulltime teachers the extra can be a few grand so more likely to be chased. HTH

Just be mindful that your break in service doesnt affect your pension. I am sure I heard somewhere that if you have so many years out then on your return you go into the newer pension scheme.

Thanks again ladies Thandeka does smp include the 1st 2 weeks on 90%? How do they 'chase' you? I have the option to either have 12 weeks half pay in the first 12 weeks or to have it as a lump sum on my return. I will chose the lump sum option so that i have nothing to repay. Just have to sort out selling the house/ moving and oh yes.... having a baby!

Ha ha i'll be flippin busy! x

Think it does. Rainbow in sky is right- if you joined pension scheme before 2005 and are out for longer than 5years you will rejoinnew scheme. Which is much worse!

"I will chose the lump sum option so that i have nothing to repay."

But you will have something to repay, surely? Or are you assuming they won't bother deducting it from the holiday pay you will have accrued during your maternity leave and/or writing to you demanding payment?

In this climate of public sector cuts, and public sector workers losing their jobs, I would certainly hope if the taxpayer has forked out money that is owed back, the local authority would pursue it. If every time someone in the public sector who'd received over and above SMP (ie, a large proportion of them) decided not to return no one followed up on repayment, that would be a lot of money.

SMP is 6 weeks at 90% by the way, not 2. You will keep the 6 weeks plus the basic rate of SMP for the following 33 weeks, and I would suggest putting anything you get over and above that into a separate bank account and not spending it, so that you are able to pay it back.

Lump sum on her return flowery. She isn't going back therefore won't get it.