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Maternity-not returning to work

Maternitynot returning to work

I am due to go on maternity in August.
I have not informed my company yet, but will do so.
I know I am entitled to SMP whether I return to work or not.
If I tell my company I will be giving my one month's notice after 6 months on maternity can they refuse to pay me my Pension, Private Medical, leave pay and Dividends from shares during my 6 months maternity.
I wont be returning to work and wanted to tell them to help them find a suitable replacement, but do not want to lose my company benefits above SMP.


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By sjbeale
17th Jan 2008 16:46

You are entitled to full benefits during the ordinary maternity leave period apart from pay whether you are returning or not. If you take additional maternity leave you may not receive all benefits it depends on your company's policy.

You need to comply with your company's policy, which should follow employment legislation about informing them you are in pregnant and providing the necessary documentation.

Best to leave the decision about whether to return or not until after you have had your baby and things have settled down. You then need to inform the company in writing of your decision in accordance with their policy.

Sandra Beale FCIPD

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17th Jan 2008 13:44

Congratulations on your pregnancy!

You are correct in your assumption that any Statutory Maternity Pay would not need to be repaid.

However, most organisations require employees to return to work to qualify for Occupational Materntity Pay. If you check your contract or your maternity policy there will usually be a clause stating a minimum period you will need to return for, or else repay the Occupational Pay.

As to benefits, you are usually entitled to all benefits (other than normal pay) whilst you are on Ordinary Maternity Leave (the first six months). I'm not sure whether this would be affected if you were not returning, can anyone else advice?

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