Statutory maternity pay and handing in my notice

[GwenStacy]

Hi,

My company offers a decent package (6 months full pay, 3 months SMP, 3 months no pay). I'm just entering the SMP only phase.

We're moving cities, so I need to hand my notice in. If I hand it in now will I forfeit my remaining SMP? We won't be moving until the end of July when my SMP runs out, so I don't need to hand my notice in until then, but if I will still get SMP, I may as well hand my notice in now!

Thanks!

You need to read your contract.
Our place says that if you don't return you have to pay back.

If your notice is fpur weeks, then you will get four weeks SMP from the date you hand your notice in.

be aware - many many companies which offer an enhanced package such as yours have a clause that you must return for a specified length of time after Maternity Leave, and failure to do so means you have to pay back everything over the stat minimum.

If you're not employed then they won't be paying you SMP. I agree though - your bigger problem is that they will almost certainly want the extra money back.

You shouldn't forfeit the remainder of your SMP, but you might have to repay the enhanced mat pay if you don't return to work depending on your company's policy.

You will get your full SMP but may have to pay back any enhanced pay (depending on your contract)

I will have to repay the enhancement, which is the money paid by my company over SMP to bring it up to my full wage, that's not a problem. What I want to know is that if I am no longer employed by that company, will I still be able to claim SMP, which is paid by the government?

Yes, beware of any clawback provisions in your contract! I am looking for a new job now and will make sure I have enough savings to pay back my enhanced maternity pay if I find something.

Yes, you will still get SMP paid via your ex employer.

No, I think you need to stay employed by them. What would be the benefit of handing your notice in now - just to get it over with?

Ah OK I have completely contradicted Pictures. I don't really know what I'm talking about :)

The benefit if handing in your notice now is it gives the employer chance to recruit a replacement.

Stealth - I haven't got any maternity cover, so they'd need to start recruiting. If I know I am leaving, it just seems dishonest to not tell them!

Everyone is entitled to full SMP as long as they were employed for a certain amount of weeks before the qualifying date.

ah yes fair enough - I suppose even if you tell them you have no intention of returning they still wont be able to recruit until the know formally the post will be vacant

Okay, a bit of a mix of responses! My feeling was that I would get the remaining SMP, as it's based on how long you've worked throughout your pregnancy. I think a call to HMRC tomorrow is in order to check this out :)

I am not sure that you would be entitled to it, but I imagine your company would be willing to delay formal resignation procedures or extend your notice period. You are helping them out by being honest.

Pictures - that sounds promising, thank you!

I work in payroll.

You can formally hand your notice in at any time, just state that it takes effect from the date your SMP runs out.

If you leave it til the last minute you may find you have to work your notice.

You will still get smp - it's based on the time you spent working whilst pregnant. I quit my job when I started maternity leave (as we were moving) and still got full smp from that company.

Pictures - that's great thank you :) so if I hand it in now, I will still get the 3 months SMP I'm "owed" despite bit working for them from a month after I hand it in?

Don't forget accrued annual leave too

Coulson - good point!

From a government leaflet.

"If you decide not to return to work you must give your employer at least the amount of notice for leaving your job under your contract. It would help your employer if you let them know as soon as you are sure.
You are still entitled to receive SMP
or MA for up to 39 weeks even if your employment ends, so long as you don’t start work again."

Pictures - thank you so much - this is exactly what I was googling for and failing to find - thank you!

Pictures is entirely correct. Once you've qualified for SMP you then receive it even if you leave employment straightaway, for any reason. You could leave employment before even starting maternity leave and as long as you don't start work for anyone else, you still get SMP from the initial employer as long as you have met the qualifying requirements.

However, although you still get SMP even after leaving employment, you obviously don't continue to accrue holiday or other contractual benefits. So do be helpful and hand your notice in early, but make sure your last day of employment isn't until your full year maternity leave is up, unless you get a new job starting earlier than that of course. That way you'll get a years worth of holiday owing to you.