Handed in notice on maternity leave – should I still get my SMP?

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.

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