Can work cut mat pay short if I resign?

[fluffybunny98765]

Just that really. I have 2 months left of stat maternity pay and have just been offered a new job to start in the new year. It feels like the right thing to do to give them as much notice as possible that I won't be returning but don't want it to backfire and they stop me being paid my last few weeks of mat pay.

If the details matter: the statutory paid period ends last week of Dec (can't remember exact date) but I have a month of holiday pay to receive too. Payroll is processed early in Dec so not sure if the last bit would end up in a January pay? The enhanced part of the package was only a few weeks at the beginning and I know I'll have to pay that back, it can be deducted from the holiday pay.

Once you qualify for SMP you get paid it whether you leave or not.

Have you definitely accused the full months holiday pay?

accrued not accused

@HunterHearstHelmsley hmm that's a good point. I will have by the end of the year but if I give notice early then they may reduce that? Won't be by much though and tbh happy to lose it and draw a line under the job for good.

They can't deduct your SMP - it's not their money, it's government money just administered via payroll. You legally accrue Annual Leave throughout Maternity Leave. However if the start of the new job is before the end of the paid part of SMP then you do forfeit the money for any weeks that would have been paid if you are earning.

Just give them your contractually required notice, no more and no less. Calculate how much annual leave you accrued up to and including the expiry of that notice - they owe you that amount of paid holiday from which yes they can legally deduct any additional money they gave you in excess of SMP at the beginning of your Leave.