leaving work without maternity pay?

djdymond

hello everyone

me and my oh are looking to start trying for a baby next year at some point depending on how were doing financially.

ive just spoke to hr and told them i am going to try for a baby next year or so and wondered what the maternity leave and pay is here (ive been here nearly 4 years) she said she would look into it as id be the first woman ever here to leave to have a baby

she then said "you would come back wouldnt you, because obviously we wouldnt pay you maternity pay if we knew you wouldnt be coming back.. as your basically just leaving us" :eek: so in shck i said oh yes ill be back after maternity leave.. but as i came out i thought hang on, wonder if i dont want to? am i thensigned in and have to? would they demand maternity money back?

i have looked into this side of things on mother careswebsite etc, and always assumed they would pay maternity pay regardless. but i know this is such a good site that someones bound to help me out in laymans terms

thanks in advance!

elle_gee

General gist is that you keep up the pretence that you will be back (even if you know you won't) - it's none of their business what you intend to do and you don't have to tell them your plans - plus plans can change.

You go off, have baby, have however long off that you want upto a year, then go back... OR give them (I think) eight week's notice that you won't be going back. They have to pay you SMP (providing you meet the criteria) regardless and they can't claim this back from you at a later date. However, some companies pay full or part wages for some of the time you are off in addition to SMP and usually have a clause in the contract somewhere about you paying this back if you don't return.

More info: http://www.direct.gov.uk/en/Parents/Moneyandworkentitlements/WorkAndFamilies/Pregnancyandmaternityrights/index.htm

ginvzt

My previous company had a condition that you have to work for a year after your maternity leave or you have to pay back the money they paid you minus the statutory pay. They paid full salary for 23 weeks and then SMP for the last 16. I don't know what is the policy here, but I also am afraid to ask even though we are ttc (have been here only 2 months).

pinkshoes

You'll get SMP presuming you've been working there 26 weeks.
http://www.dwp.gov.uk/lifeevent/benefits/statutory_maternity_pay.asp

They might have been referring to the company maternity policy, which often has terms and conditions about returning to work for a certain period of time, otherwise you'd have to repay it.

djdymond

thanks everyone.

were going to move next month and the mortgage is double the rent pay ow which is whats causing us the worry and its hard for me as ive wanted a baby for over a year now...

anyone else had this worry? i said to oh i would go back to work but oh doesnt want me to because of the expense of child minding and to be honest i dont want to go back to work till the baby is at school. but id be on my second by then!

were worried how on earth ohs wages pays off everything each month with some left over for food!!!

onlyroz

If you did leave your job upon getting pregnant then you would qualify for maternity allowance. However, as someone else has said, there's nothing to stop you from saying that you'll stay in the job, and claiming statutory maternity pay, and then decide to leave later. Some would say this choice is unethical, but that's a decision for you to make.

jkmum

Everything changes when you have a baby and no-one can expect you to decide what to do until you are ready. Don't burn any bridges too early! I returned earlier than planned with my first, went back for a few months after my second, but then left as I realised my priorities have changed. As long as you read up on your rights and responsibilities just do what feels best for you and your family when the time comes. If your company didn't know its maternity policy, it probably only has a statutory one in which case you don't have to worry about paying anything back. I certainly don't think it's unethical to keep your options open. Plan to go back, but if you don't feel it's right when the time comes, make sure you follow the regulations on what you have to do. It's also worth mentioning that things have changed recently and although you now get more paid time off, you are also expected to arrange 'keep in touch' days. Don't know much about them as they didn't affect me but it's worth looking into. Good luck!

djdymond

thanks everyone for your replies.. ive looked at the link attached and stuff, but dont see anywhere that you would have to pay the money back if i dont go back, is this true?

ginvzt

You don't have to pay back anything that is Statutory maternity pay (is it 90% for the first 6 weeks and then SMP (~£117) for the next 33?). You may need to pay back the extra pay that company gives, For example, if they pay 100% of your salary for 12 weeks, then goes down to SMP, you may be asked to pay back 10% of your pay for the first 6 weeks and for the next 6 weeks 'your salary-£117'. Or something like that.... Not the full amount you got paid!!!!!

always29

If you are entitled to and paid Statutory Maternity Pay, you do not have to pay it back. SMP is currently £117.18 pw (reviewed each tax year). I suspect if your company have never had to deal with SMP, they aren't fully aware of the rules.

If your company pays more than SMP then, as pinkshoes says, then maybe you would have to pay this back - ask to see your company's maternity / parental leave policy.

This link is quite detailed and may go into more detail than you need but here it is anyway
http://www.dwp.gov.uk/advisers/ni17a/

djdymond

hi! again, thanks for the advice... ive just been sent this email...

Hi Helena

I’ve found out a few bits of information for you regarding pregnancy and your rights etc.

The Business Link web site seems to be the best one for setting out your rights and actually specifies monetary values, which is probably of more interest to you, at the moment for budgeting.

Basically, currently, you are entitled to up to 52 weeks maternity leave, split into ordinary maternity leave of 26 weeks and additional maternity leave of 26 weeks. You decide how much of this leave you want to take, and the web site explains the timings for the leave – apparently you can start your leave up to 15 weeks before the due birth date.

Of these 52 weeks, 39 weeks qualify for Statutory Maternity Pay, leaving 13 weeks unpaid.

SMP is paid at a rate of 90% of your salary for the first 6 weeks and then a flat rate of £117.18 per week for 33 weeks (although of course this rate will increase yearly). Unfortunately these payments are still taxed!!!!

ITC have a duty of care towards you once you are confirmed as pregnant – time off for antenatal etc, which we can go over, once we get to that stage.

You should also look at Statutory Paternity Leave too, as I am sure that the law recently changed to allow some paid paternity leave to new dads.

Hope this helps, and of course we can look at specifics nearer the time.

so this is good..

also, it mentions how much i would get weekly... tell me would i get it weekly, or would they pay me per month like a salary? just curious!

thanks again everyone! x:T