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Maternity leave and stopping work

by Working Families

question
My company has asked me when I plan to start my maternity leave and at what time I intend to return. I already know that I do not want to return to work after the birth of my baby. To receive payment from the company do I have to keep up the pretence that I am coming back? There appears to be no information available for pregnant women who want to give up work.

answer

Firstly, your employer does not have the right to ask you when or if you wish to return to work. Your employer should assume you are taking the full year off unless you give notice of early return or resignation.

You never have to pay back Statutory Maternity Pay so if you do not return to work after maternity leave, you do not have to repay this money. If you receive contractual maternity pay in addition to SMP then you may have to repay this if you do not return to work. This will depend on the terms of any maternity package you have accepted from your company before you go on leave.

Call the Working Families helpline on 0800 013 0313 or see www.workingfamilies.org.uk for more details.

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