Can I do this?

[tailspin]

Am due on 2nd Feb, so I'm 17+5. I was planning to go on maternity leave on 21 Dec, so when my work shuts for Christmas.

However, I am going completely nuts here and am stressed to the max - am highly considering handing in my notice as I have an alternative opportunity for work with family. However, to qualify for SMP with my current employer I will have had to work to the 'qualifying week', which is 15 weeks before the week you're due to give birth. That would be the week of the 16th of Oct, if I'm not wrong.

So it would be silly to hand in my notice now - except for that my notice period is two months.

Does my notice period work towards working to the qualifying week? In short, could I hand my notice in soon but still get SMP?

Your notice period would count but it is unclear if you want to quit or get maternity leave - you can't start maternity leave until 11 weeks before your due date (possibly earlier with accrued leave at start) if you quit then you may still qualify for SMP but not maternity leave - i.e no job to come back for. You need to be employed at 15 weeks before your due date to get SMP.

I want to quit, but still receive SMP. I wouldn't want leave or a job to come back to as I want to finish with this company.

Don't hand your notice in until your maternity leave is over. If you're only earning SMP then you won't have to pay any of it back or return.

Yes as long as you are employed by them at start of 15th week before due date they have to pay you SMP - this will only be from 11weeks before due date. It may be in a lump sum - which may be worst for NI contributions - than evenly spread.

Yes hang on in there. Also don't resign until after mat leave; you will accrue, and be paid for, a year's annual leave.

Thanks. I thought that was the case from what I am reading online:

"You will still be entitled to Statutory Maternity Pay if your job ends after the end of the 15th week before your baby is due (this is roughly week 26 of your pregnancy) and you meet the normal qualifying conditions"

"You can still qualify for SMP if you resign or your job comes to an end at any time after the 15th week before your baby is due, as long as you were employed in all or part of the qualifying week and you meet the other qualifying conditions"

"Once you have qualified for SMP you are entitled to receive all of it from your employer for 39 weeks even if you resign from your job or you are dismissed or you decide not to go back to work after maternity leave"

"Remember, you do not have to repay SMP if you leave your job as your employer can claim back all or most of the SMP from HM Revenue and Customs."

That's a good point about the annual leave but I am at my boiling point here and so stressed

Switch off mentally if you can. Detach. It's worth a lot of cash to you.

Do all employers have to pay out accrued annual leave or could it be in my contract that if it's not taken you just lose it? I'd have to check but if it's possible I know they will have that condition...

It's law.

Don't forget that if you start work for a new employer your SMP has to stop...