SMP received after quitting & notice period?

[LoisLoisLois1]

Hi All,

I'm about to hand in my resignation from work today while I'm on mat leave. I've been on mat leave for 19 weeks so far and will have three months notice. My question is if my employer will pay me the remainder of the 39 weeks SMP even though I've quit and it's past my notice period? If not how do I receive the remainder of my SMP?

Thanks in advance!

Why not just hand in your notice at the end of your mat leave?

Once you hand in your notice it works like any other job, once you’ve served your notice period whether that’s on leave or not, they owe you nothing.
You’d be much better off waiting until you’ve received all your entitlement at 39 weeks, or at least delay handing in your notice so that the end of your notice period coincides with the 39 weeks payment. I hope that makes sense?

As above you are better off waiting as you still accrue holiday on maternity leave that should be paid in your last pay packet so you want to accrue as much as possible.

I believe you will get the rest of you SMP from your current employer, even if you quit (unless you start working for someone else).
However, you wont accrue any more leave, so technically you are better off quitting as late as possible - even remaining employed for the unpaid portion.

I'm going to be starting my own company and have a 6m non compete clause in my contract. I'm trying to synchronise my baby turning one with the start of the company so need to quit today!

Thanks for your replies!

I would check your contract as SMP should continue till your 9 months is up - it's a government payment as far as I'm aware.

I know for my work if I didn't return to work after I would have to pay back their entitlements (like the extra they put in to make it full or half pay) but the SMP would stay the same as you have already worked for that period before mat leave.

My contract doesn't have a maternity section, it's only two pages long!! I work for a small company and the first person to go on mat leave. I can't seem to find any info online about it. If anyone else can I'd love to see a link!

smp stops when you start work otherwise it continues even if you leave.

Look on the government website to start about SMP. I'm sure you will get it through to the 9 months. Your work will have a maternity policy, not your contract otherwise you would only ever be receiving SMP.

www.gov.uk/maternity-pay-leave