I went on maternity leave on late last year. I gave my eight weeks’ notice to return to work and was supposed to return a few weeks ago. Just a couple of weeks before I decided to resign and give my two months’ notice. I was put on gardening leave. My question is that when my employment ends I will be in the as the 34th week of maternity leave so am I entitled to the next five weeks of SMP to take me to the 39 weeks or have I forfeited that by giving notice to return and notice to leave. I need to add that they have paid me my full salary for my notice period until when I should have been returning.
I think your employer is right. They have paid your notice period where they will still be claiming your statutory maternity pay, which they have deducted off your notice pay. You won’t see this, but to claim maternity pay as a business you pay employees and claim back the payment from the Government. They have chosen to top up your pay.
I am guessing that you had to give eight weeks’ notice before going back to change when you were due back. Technically you would only be entitled to maternity pay during your notice period and if you are out of the maternity pay period you wouldn’t be entitled to anything. So it seems they are being fair.