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Original poster

Do you have to pay SMP back?

18 replies

JellyNump · 02/05/2006 11:02

I get 6 months paid maternity leave and then can take another 6 months unpaid. I want to find a new job as I work in the travel industry and the pay is peanuts, so going back part time won't be any good financially for us. Does anyone know if I leave after my paid 6 months, do I have to pay back the SMP I've received???

OP posts:
katzg · 02/05/2006 11:04

not the SMP but any extra bits you would

Original poster
JellyNump · 02/05/2006 11:10

Thats what I thought, although I have heard of people having to pay theirs back, do you know when this would apply?

OP posts:
LIZS · 02/05/2006 11:36

Agree the legal Statutory pay, \link{http://www.dwp.gov.uk/lifeevent/benefits/statutory_maternity_pay.asp#start\here}, is yours to keep but they may have topped it up ie. extended the period at which you received the maximum 90% if above £108.85 beyond 6 weeks, and, as it is discretionary, that extra may be conditional on your actual return to work for a specified period of time. However I believe this has to be stated as a condition before your leave commenced, otherwise they can't reclaim it.

fsmail · 02/05/2006 17:27

Teachers and people who work for the councils usually get a lot more than SMP and they have to repay the difference if they don't go back to work. Sometimes they just go back for three months or whatever to get over the repayment period. Most private employees will only pay SMP so there is no need to refund this.

runtus · 03/05/2006 08:48

Good question - I will be in the same boat in 6 months time and was wondering where I stand. I work for a v small IT company and in fact I am in charge of the HR issues and wrote the Maternity Policy for the company, which is just SMP for all.

However, last year when I was due a hefty pay rise and the company had no money I agreed a Maternity package with them instead which gives me 6 months full pay. Now, as they are rubbish at HR and I negotiated the deal myself, there was no mention of ever paying it back if I left within a timeframe or simply didn't return after leave.

Dpes that mean I won't have to pay any of it back, as it isn't stipulated in writing and there has never been any formal, written policy document? I have it agreed in an email (which I have printed out) and they have reaffirmed verbally to me so everyone knows it is happening in a couple of weeks time.............

HunKeRMunKeR · 03/05/2006 08:51

If I don't go back, I don't have to pay my extra back (I get 18 weeks full pay and 8 weeks stat) - don't think they can make you pay back the statutory at all.

Runtus, if they've not put it in writing that it's to be paid back if you don't return, I don't see that they could ask you for it.

runtus · 03/05/2006 09:10

Thats what i thought but just wondered if anyone had experience or more 'legal' knowledge than me. At the end of the day, I know they don't have the money to pursue me for it anyway but would be nice to avoid a catfight after 9 years employment..............although it is never going to be nice I know.

Iklboo · 05/05/2006 12:10

Sorry - this is a bit long - I was told 2 weeks before returning to work that my job was no longer here and had been transferred down to London. I had wanted to work 2 days a week from home due to childcare issues, but was told this wouldn't be available unless I went part time (which I can't afford) as the jobs available to me on my return wouldn't support it.
I was given a choice of 2 jobs that were available at a meeting 2 weeks ago. I expressed an interest in one that was similar to what I did before but at a higher rate of pay. When I got back to work on Tuesday I was told that 'd have to formally apply for it as it was a promotion and that the closing date had passed but, if I gave them the application form by 5pm on Wednesday, they'd put it in.
WHY didn't they tell me I'd have to formally apply when they gave me the details 2 weeks ago?! I could have drawn up a really good application instead of having to rush one?
In the end I've accepted a job at my current rate but in another department. I feel really disappointed and badly treated that I wasn't told sooner my old job was no longer here.
Sorry for the rant - my point is - if I applied for a job elsewhere now (after coming back to work) would I have to repay any maternity pay or would it just count as me deciding to leave for a new job?

runtus · 05/05/2006 14:28

As afar as I can see, unless your contract or Mat leave policy stipulates you have to return for a certain period of time or pay it back - you would only owe them the normal notice period.

If I were to stay on, I would however also file a complaint against the way you were treated and their lack of notification to you regarding 1) your original job changing and 2) the new job deadline and application procedure.

Seems to me you were unfairly treated.

compo · 05/05/2006 14:30

Where I work you have to say if you are coming back before you go on maternity leave, thus getting the extra money. If you don't return for 3 months then you have to pay it back

beckybrastraps · 05/05/2006 14:33

It depends on what rate of pay you got. Nobody has to repay SMP. That is yours whether you return or not. If by returning you are entitled to extra above SMP, then you may well have to pay that back if you resign, but only the extra over and above SMP.

runtus · 08/05/2006 16:52

But that is only if the policy, handbook or contract stipulates it though right? I can find no mention of having to come back (or for a certain amount of time) anywhere, so I would be free to walk away straight after ML ends right?

beckybrastraps · 08/05/2006 16:58

I guess so! Definitely an adavantage to be the one writing the policy it seems Wink

suejonez · 08/05/2006 17:09

"Where I work you have to say if you are coming back before you go on maternity leave, thus getting the extra money"

Your employer is not entitled to ask when or if you're coming back. If you choose not to come back then you have to give then the notice in you employment contract.

I think most poeple have an informal talk with their boss about their plans but they are not entitled to ask you.

morethan1 · 09/05/2006 11:50

This reply has been deleted

Message withdrawn at poster's request.

runtus · 09/05/2006 13:53

Right, I'm going to stop thinking about it now as it seems I have been lucky enough (and clever enough, I like to think anyway Wink) to have got away with not having to pay it back when I don't return to work.

I will simply hand in my notice a month prior to my ML ending and use that as my notice period.

Hurrah for having a stupid, dis-interested boss for once!

suejonez · 09/05/2006 13:59

Stupid disinterested bosses come into their own at last! Three cheers

Original poster
JellyNump · 09/05/2006 19:13

My employer isn't really the type to pay anyone extra money!

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