Receiving SMP, and meant to be returning to work but may need to quit

[Sorelip]

I went on maternity leave in October last year, and I have arranged to return to work at the beginning of April. However, it looks as though I won't be able to return, due to childcare issues. Does my SMP stop once my notice period is finished and I no longer work for the company?

Think you need to get in touch with HR tbh

No you keep getting SMP even after you leave.

Don't resign from April though. Write giving notice that you are taking the full mat leave of a year up to October.

Then if it gets near October and you still don't want to go back, resign then, and get all the holiday you will have accrued during mat leave,

Unless you're starting a new job in which case your SMP will stop anyway.

You are entitled to take the full year - paid for 39 weeks. Even if you do not go back you do not have to pay back the SMP. Tell your employer you will not be returning after 39 weeks. You are entitled to change your mind about return dates (legally you only have to give about 21 days notice, that is mine working for LA).

You can resign now stating 39 weeks as your leaving date (as long as you don't get a new job).

Don't resign now with an earlier leaving date as you are legally allowed to claim for 39 weeks SMP - so why wouldn't you?

Can you give 8 weeks notice and extend your maternity leave a bit longer to give you the chance to sort out childcare? You can take up to 52 weeks leave.

You get SMP for up to 39 weeks but you have to stay employed. As soon as you return to work or terminate your employment your maternity leave and therefore SMP ends.

Katie you don't need to stay employed to get SMP. Once you've met the criteria you get it regardless of whether you leave employment, as long as you don't start work for anyone else.

But I've already given notice that I intend to return on 2nd April, and I have received a letter from them. That's in less than 8 weeks, so can I still change the date?

Yes Flowery is right. It only stops if you go to work for someone else.

So there's not enough time to give the 8 weeks notice. You could still ask. No harm in requesting. If they say no, you have to come back then you can resign and give notice. You still get SMP but only accrue holiday pay until your termination date in April.

OP would you like to back if you could sort childcare?

It isn't really an option anymore. I will contact work on Monday, thank you all for your help.

Gosh apologies for such dreadful punctuation in my posts - they are barely legible The toddler's asleep now so hopefully I will make more sense!

I hope it goes ok on Monday. If the worst comes to it and you have to resign you just need to give your contractual notice.

If you want help exploring other options - flexible working/reduced hours etc just say.

I was in this situation. I finished work in feb at 29 weeks pregnant.I was due to go back to work in September but realised quite quickly I wasn't going back. I wrote a letter stating that I had decided to use the full 39 weeks of smp and gave them the date this finished. I then stipulated that I wanted to add on my accrued holiday and then gave the date this ended as my termination of employment date which was 7/1/12. I only gave 3 weeks notice of this change 21days!!