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SMP Question

Morning All

Just a quick question - am sure people have asked before so I apologise in advance.

If I decide not to come back to work once my 39 weeks SMP is up, giving my company the correct notice etc will I be liable for anything ie will I have to pay anything back etc, or is it as clean cut as it sounds? They are not giving me anything over or above the minimum statatory pay.

Thanks in advance
Curly
16+5

Replies

  • If it's SMP only then I think I'm right in saying you're entitled to all of it even if you don't return to work but anything your employer pays you over an above may be subject to different rules so you have to check with HR or your company policy.

    Lexi x
    24+2
  • if you declare that you are not going back to work or that you are unsure, all your comapany will pay you is your SMP that you dont have to pay back, if you say you are going back your company would add on additional pay which is what you would have had to pay back x
  • When do you have to tell them you are not going back?

    As far as I am aware i get my 6 weeks at 90% pay then the usual ??123 (?) a week for 33 weeks? So they will not be paying me anymore even though I have said I INTEND on coming back?

  • by week 25 i think you need to declare your intentions, my form is at the back of the maternity policy and gives you 3 options,

    a not going back only goverment SMP

    b unsure - SMP and lump sum on return to work

    c going back - i get 8 wk full pay and 6 wk half pay + , than SMP

    If you dont go back but say you are you would have to pay the 90% you are being paid for the 6 wks
  • your company doesn't have to pay you more than smp, it's the companies discretion what they pay, but you do not have to pay back smp if you don't return to work
  • My policy says 8 weeks notice for different date of return to work or if intending not to come back (and I'm only getting SMP) but I think it's something you need to check with them.
  • So what about the 6 weeks at 90% pay - do I have to pay that back if I tell them at 25 weeks into SMP that I am not returning?

  • i would have thought they wouldnt pay it in the first place but you need to read your maternity policy as extra pay is up to the company x
  • i always thought the 90% was smp also
  • New from 5 April 2009
    New SMP rates from 5 April 2009
    Pay period started on or after 5 April 2009, the first Sunday in April:

    first six weeks of payment at 90% of your employee's Average Weekly Earnings, then
    the lower of
    90% of your employee's Average Weekly Earnings, or
    ??123.06.
    At the time of going to press the rates above were still subject to Parliamentary Approval. If there is any change you will be advised on HMRC website, in the Employer Bulletin and in other HMRC publications.

  • New from 5 April 2009
    New SMP rates from 5 April 2009
    Pay period started on or after 5 April 2009, the first Sunday in April:

    first six weeks of payment at 90% of your employee's Average Weekly Earnings, then
    the lower of
    90% of your employee's Average Weekly Earnings, or
    ??123.06.
    At the time of going to press the rates above were still subject to Parliamentary Approval. If there is any change you will be advised on HMRC website, in the Employer Bulletin and in other HMRC publications.

  • oh so only after 6 weeks do you have to pay it back, thats not how my policy describes it
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