Resigning whilst on Mat Leave - will I lose SMP?

[the why bird]

I'm sure this must have been answered before but I can't seem to find what I need to know.

I'm on Mat leave, and my last return date would be December. However I'm moving about a hundred miles away due to my husband's work, so I know I definitely won't be going back. I want to hand in my notice, but if I do will I lose the rest of my SMP, as I receive it through my employer?

I would just put off resigning until my SMP ran out, but I work in a tiny team of three people, including the boss, and know they would really benefit from re-recruiting sooner rather than later. Also I would have to let them know about the change of address which will tip them off that I'm not likely to return, and I'd like to treat them decently by letting them know before hand.

I work for a local authority - I'm only receiving SMP because I chose to not receive the top up payments they offer until I returned to work, as I wasn't sure I wanted to return.

Thank you for reading.

 

[My_First]

Yes you will, as you will no longer be employed. I would wait until the full notice period i.e. if its a month, in November, and then resign. It wont make a blind bit of difference if you have moved 100 miles or not, they cannot force you out in any way. I appreciate that you want to do the best by them, but you will loose out.

 

[suzib76]

you can let them know you wont be back and give your leaving date as when you would be due back

 

[My_First]

Whilst in theory thats possible, if they decided to be arsey about it, they could then say, its okay, we will just take a months notice.

 

[suzib76]

they are not allowed to do that

 

[My_First]

they are not allowed to do that

If the contract is a months notice, I cant see why not?

They are under absolutly no obligation to, if you had in your notice.
However if they are reasonable they might.

 

[suzib76]

because its not handing in notice, its letting them know you intend to do so, in any case notice period is the shortest required, you are allowed to give longer

there would be no reason for the employer to terminate employment early, in the eyes of an employer it makes more sense to know whether or not an employer is returning. the SMP is paid by the government so it can be left to run its course without any hassle to the employer

 

[My_First]

You are allowed to give longer but the employer is under no obligation to accept. I'm not arguing with you, I'm in hr. The notice period is for protection for both the employee AND employer.

Yes it could benefit them but as I said if they want to be arsey they don't have to accept.

 

[suzib76]

i wasnt arguing with you and tbh i couldnt care less what you are 'in'

fact remains employee is entitled to take full mat leave and not return, they are also allowed to let the employer know of this in advance

 

[My_First]

Seriously, please watch your tone. Her employers may well be nice about it and yes, let her take the six months notice. However legally, they do not have to beyond a months notice (if that is her notice period). They are allowed to let them know in advance, which is notice period.

 

[My_First]

" If you don't want to go back to work after your maternity leave, you must give the notice set out in your contract. Ideally, you should give notice that coincides with the end of your maternity leave. This is to ensure you get your maximum entitlements."

https://www.yourlegalrights.co.uk/employment/maternity-rights

 

[suzib76]

Seriously, please watch your tone. Her employers may well be nice about it and yes, let her take the six months notice. However legally, they do not have to beyond a months notice (if that is her notice period). They are allowed to let them know in advance, which is notice period.

it was your tone that prompted that last post - the 'im not arguing im in hr' in a snooty tone

" If you don't want to go back to work after your maternity leave, you must give the notice set out in your contract. Ideally, you should give notice that coincides with the end of your maternity leave. This is to ensure you get your maximum entitlements."

https://www.yourlegalrights.co.uk/employment/maternity-rights

like i said, you must give that notice, no less, but you can give more. in any case i did suggest just telling them unofficially in my reply

 

[My_First]

Okay, lets sort this out;

1) It wasnt meant/written as snotty, apologies..
2) Yes you could tell them unofficially - i.e.not in writing, (I am sorry I didnt get this from your post) and assume that they will be happy with it
3) Yes you could tell them officially, (which is what the OP's question was - i.e. 'Resigning on Mat leave' ) but you run the risk of them enforcing the notice period. By giving them more than your notice period, they can enforce your contracted notice period
4) You could just stuff them and give them your notice period only

Phew..

Hope that helps...

 

[suzib76]

i got my period

 

[My_First]

i got my period

LOL...not number 4 then..

 

[suzib76]

i got my period

LOL...not number 4 then..

like it

 

[nugget80]

im in UK and smp is not paid by employer but by government. when i gave in forms giving maternity leave dates i also said i would not be returning after. its not affected payments at all! ...

 

[My_First]

im in UK and smp is not paid by employer but by government. when i gave in forms giving maternity leave dates i also said i would not be returning after. its not affected payments at all! ...

Agreed it is paid by the government but you have to still be employed to receive it. Therefore your employer could have said okay then you have a months notice and you will no longer be employed. But luckily they didn't ( although I am sure you could have claimed ma if this had happened)

The link above explains it all.

P.s. did you actually resign formally or did you just say to them, I'm not coming back after maternity leave? The thing with the latter is that you can change you mind at any time, if it's not a formal agreement. If you actually resign as per your contract and offer them an extended notice period, they are not obliged to accept it, bar the minimum contracted.

 

[nugget80]

it was formal as when i filled in mat leave forms i wrote a letter that stated i would be claiming my 39 weeks smp as entitled to and would not be returning after this...

 

[My_First]

it was formal as when i filled in mat leave forms i wrote a letter that stated i would be claiming my 39 weeks smp as entitled to and would not be returning after this...

Glad your employers were good to you..