do you have to pay back SMP if you don't go back to work?

[blahty]

My employer only offers SMP and I am wondering if I would have to pay this back if I didn't go back to work? Or do you have to work a certain amount of time after maternity leave? Thanks

[mamacool]

I'm not too sure, as I intend to go back after 52 weeks, realistically though how can you know if you will or won't go back at this stage? Your rights and employers obligations are detailed online, have a look at the link. gov.uk/maternity-pay-leave

It really does depend on the communication you've had with your employer as there are strict time frames and as I understand it SMP is supported by the Government anyway. Have a look at the link, I'm sure it will help you make sense of everything

[2princes1princess]

Hi hun after I had my daughter just over 5yrs ago I fully intended to goback to wwork but I didnt in the end for various reasons and didn't have to pay any smp back xx

[TillyGrace26]

Your work will be able to tell you, when I told them my date I was leaving on maternity leave I got a letter telling me how much I would get and that I Would not have to pay it back if I don't return to work, even though I plan to. I also only get smp x hope that helps x

[zphelps]

not only will you not have to pay it back, but you will also still accrue holiday so best is to keep that option open and therefore accrue more holiday (if you take the 52 wks rather than just until the pay stops) which should be paid to you once you tell them the date you want to leave (still in accordance with the dates being notified in the correct procedure).

So many people don't realise this (becuase employers keep quiet!) best to look into the link above aswell.

(I am a payroll manager for a payroll beuraux)

[CarolineDarz]

No you do not have to pay back SMP work can only ask you to pay any top ups they make and it wud be in ur contract. For me i need to return for at least 3 mnths or pay the money they topped up back- but that is as good as nothing so i am not bothered!

[blahty]

Thanks everyone, I know that I can add holiday accrued to the end of my maternity leave, which would be great as more money than SMP, but not sure I want to go back to work because of the childcare costs and petrol costs aswell. Something for me to ponder, I am only 23 weeks but good to think about it eh!

[DrFluffy]

They can reclaim OMP though, if you get it. X