Returning to work after Maternity Leave

[bhem_bhem]

Hello, hope someone can help me with this. I am currently on maternity leave and due back to work on 5th of October. The thing is, i don't want to go back to my employer, I am thinking of applying new job somewhere else. Will I be in trouble/will they ask me to pay them back the SMP? thanks.

[Arthur Little]

Hello, hope someone can help me with this. I am currently on maternity leave and due back to work on 5th of October. The thing is, i don't want to go back to my employer, I am thinking of applying new job somewhere else. Will I be in trouble/will they ask me to pay them back the SMP? thanks.

I shouldn't think so ... ... as far as I'm aware, Statutory Maternity Leave is a mandatory entitlement that every employer MUST honour!

[bhem_bhem]

I shouldn't think so ... ... as far as I'm aware, Statutory Maternity Leave is a mandatory entitlement that every employer MUST honour!

good to hear that.. i'm dreading going back to work on that place.. do you know when is the right time to hand in the resignation? thanks.

[Terpe]

Hello, hope someone can help me with this. I am currently on maternity leave and due back to work on 5th of October. The thing is, i don't want to go back to my employer, I am thinking of applying new job somewhere else. Will I be in trouble/will they ask me to pay them back the SMP? thanks.

Well yes and no.
It depends if your being paid above SMP or only the SMP.

If it's only the SMP you receive then they can't reclaim any even when you resign during maternity leave.
If you do resign during your maternity leave, then this still does not affect your entitlement to SMP from your employer. They must still pay you your SMP.
They also can't demand you return to work it's your own personal choice to return to work from maternity leave or not.

However if you've been paid anything above your SMP then your employer does have the right to request recovery of any excess above the SMP.
They still can't recover your entitled SMP though.

Might be worth checking with your local Citizens Advice Bureau just to be sure that's the current regulation, and also what the specific dates are to resign / start a new job etc without any problems.

[Terpe]

You should also ask Citizens Advice whether or not you have any claim for entitled to holiday pay as you're still an employee for this year.
Depending on when your 'holiday year' starts and end. If you took Maternity Leave over two periods then you should check if your employer allows you to carry holiday over from one year to another.
Food for thought......it's your entitlement so do check.

[bhem_bhem]

Thanks Peter.. yeah, should really check if they pay me above SMP, coz it seems what they gave me is more than what I should get. If that's the case, then I have to stick with them until such time I can resign.

[Terpe]

Thanks Peter.. yeah should really check if they pay me above SMP, coz it seems what they gave me is more than what Ishould get. If that's the case, then I have to stick with them until such time as I can resign.

Or just quit and pay back any extra above the SMP

The SMP is yours come what may.

Here are the rates for SMP for 2013/2014

Here are the current rates for SMP for 2014/2015

[Terpe]

Just for information, you'll find all Benefit Rates and Tax Credit Rates here in this forum thread

[bhem_bhem]

Thanks Peter..

[stevewool]

make sure you have a new job to go to before you hand in your notice

[bhem_bhem]

make sure you have a new job to go to before you hand in your notice

yeah,, wish i can sort it out before my maternity pay stops as i don't like no money coming in my bank every month.