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maternity pay

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iwishman | 09:53 Mon 02nd Mar 2009 | Law
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if after my maternity leave I do not want to return to work and resign, do I have to pay back what I have recieved from my employer?
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you would possibly need to pay any money you recieved over and above the SMP payments.
Does your employer pay more than SMP?
Question Author
My employer will pay me at full salary fro 6 weeks then reduced to smp.
If I continue my leave after the 6 weeks at full pay and take the SMP for a period then resign would this change things with reference paying back my salary?
The first 6 weeks are paid at 90% of your avergae weekly earnings so if you have received full pay then I would think you will have to pay something back, yes.
The following 33 weeks are paid at the standard rate or a rate equal to 90% of your average weekly earnings. You will get whichever rate is lower.
Taking leave wont affect you not having to pay anything back as far as I know

*waves at red*
Reading the Pregnancy book I was given at my first appointment, it says the following.

"You do not have to repay any of the SMP you received (six weeks at 90% and 20 weeks at �112.75)"
so yes, it looks like youll have to pay it back.

hi pink! :)
So what's your name - Sir Fred Goodwin? He shafted the system as well!!
Question Author
Parrafin man.
Do you drink this liquid?

Not every one in your small minded world 'stiffs the system'
there are honest people who just want to know 'how it works'!!!!!!!!!!
I don't suppose you have 2 jobs do you iwishman?
Just to shove it at paraffin by telling him/her you can claim 2 lots of SMP if you do as long as you meet the criteria for it

*pokes out tongue at paraffin*
Question Author
pink kittens
Thanks for your support, I just have one job.
This is my first child and I am not sure that after the first six weeks of maternity I want to leave my new born child with any body just yet, but I cannot afford to pay my maternity back to my employer if I decide not to.
Not really sure of my options.
It's a tough decision to make
All I can suggest you do is ask her employer if s/he pays anything on top of SMP as an enticement for you to go back to work - if they do not, then you will be ok in as much as you will not have to pay back any SMP, if they say yes, then you will also know where you stand. Usually you have to go back for a minimum period.
Do you have an HR department? they should have policies set out for this or it may even be in your contract of employment
You can work for someone else when on mat leave so if you have any money making ideas for working form home to top up SMP, maybe you can do that?
Good luck
1. You do not have to pay back any SMP - it is the statutory minimum payment & I believe the employer is reimbursed for all or most of it by the Government.

2. If you get anything above the SMP rate it is called contractual maternity pay (CMP), & is part of your employment contract. If your contract gives you this CMP then there may also be conditions in the contract about returning it if you do not return to work. Look at your contract. But any conditions will only apply to the amount in excess of the SMP, not to the total payment.

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