Maternity pay

As I have explained in another thread my husband and I are thinking of ttc and I am trying to plan the financial side of things. We are both very keen that I would become a stay at home mum and we would live on my husbands wage, which although will be a little tight can be done.
My question is about maternity pay. I am aware that if you claim maternity pay from your employer you need to return to work or pay some back. What is the situation if you know you do not want to return? What are you entitiled to in this case?
Thanks x

 

As I have explained in another thread my husband and I are thinking of ttc and I am trying to plan the financial side of things. We are both very keen that I would become a stay at home mum and we would live on my husbands wage, which although will be a little tight can be done.
My question is about maternity pay. I am aware that if you claim maternity pay from your employer you need to return to work or pay some back. What is the situation if you know you do not want to return? What are you entitiled to in this case?
Thanks x

 

I don't know for certain, but I think you just get statutory pay if you're not going back to work, you don't get the occupational maternity pay.
If you did want to get the full maternity benefits, it might be worth going back to work for a bit as you only have to go back for 13 weeks in order for that. So you could just hand in your notice after that.

 

You get 4 weeks' full and 2 weeks' 90% pay (I think?! God i STILL have baby brain and she's 9 months old!) Anyway, after that it's 12 weeks at 50% pay plus SMP, and then it goes to SMP only. When you go on maternity leave you have the option of only receiving the SMP for those 12 weeks when it would be 50%, therefore not having to pay any back if you've decided to stay at home. Or, you could receive it and then return to work for 13 weeks in order to not have to pay it. Up to you! By the way, holidays count towards the 13 weeks. hope that helps! (By the way if you're planning on staying at home you can ignore my comments on your other thread about saving to have longer off work!!)

 

I've just replied on the other thread too! You can choose whether to get the maternity pay as clematis has just outlined, or opt just to get statutory maternity pay throughout. I had to fill in a form for the LA saying if I intended to go back, not sure if everyone is like that. If you take maternity pay, and then don't go back, you have to pay it all but the £100 a week back.

 

Sorry, just to clarify are the 2 options:
1) 2 weeks at full pay, 4 at 90%, 12 at 50% and the rest at SMP and you need to return to work for a min of 13weeks or pay back
or
2) SMP throughout ad no requirement to go back?
or is it
1) as above
or
2) 2 weeks full, 4 weeks at 90% and the rest at SMP and no requirement to go back?

Wasn't sure as posts 3 and 4 seem to say different things?
Thanks! x

 

<h4 style="text-align:justify;margin:0cm 0cm 0pt 37.05pt;">"Requirement to Return to Work for 13 Weeks</h4> It is important to note that a condition of entitlement to maternity pay under the Burgundy Book scheme is that you must return to work after the birth for a period of at least 13 weeks. If you do not, then your employer is entitled to reclaim part of the maternity pay paid to you. If you were working full-time prior to maternity leave, then you are required to complete the equivalent of 13 weeks&rsquo; full-time service on your return to teaching. If you were working part-time prior to maternity leave, you are required to complete the equivalent of 13 weeks&rsquo; service on that part-time basis. Where you move to part-time work, or part-time work on a different basis, following your return, you are allowed to complete the equivalent of these periods on your new part-time basis. School holidays and half terms can be included, together with any subsequent periods of sick leave. Failure to return for the necessary period will mean that your employer has the discretion to claw-back your maternity pay insofar as it exceeds the amount payable as Statutory Maternity Pay. You may, however, keep the first 6 weeks&rsquo; payments and will not have to refund any payments of Statutory Maternity Pay."

From NUT guidelines, which seem to go with with your 2nd option 2 - but if you want to be extra sure, I would check with your LA. Also, I assume as this is a theoretical pregnancy so far, you would qualify for maternity pay under the burgandy book i.e. continuous employment for 12 months.
Hope that's now as clear as mud!

 

Just to point out that statutory maternity pay is 90% for the first 6 weeks, not 100% for the first two and 90% for the next four. So if you were planning not to go back, you would get 90% for 6 weeks and SMP up to week 39.

 

It will depend how your LA have phrased their maternity policy but I suspect your options are:
If not returning to work: 90% for 6 weeks, SMP (c. &pound;124/week) from week 7 to week 39.
If returning to work for at least 13 weeks: 100% for 2 weeks, 90% for 4 weeks, 50% +SMP for weeks 7-18, SMP only from week 19 to 39.

 

Thanks! That's really cleared it up! God this baby lark is confusing and the baby in question doesn't even exist yet!

 

Sorry I know this a fairly old topic but was just wondering, when the pay drops to 50% from week 7, is it 50% plus SMP or just the 50%?

Thanks

 

50% plus SMP .