We have an employee that is on a fixed term contract. So far this has been extened twice. Once from Oct 2015 for 12 months then again from Oct 16 for 18 Months. She is now pregnant and will go on maternity leave from October 2017. Please can you offer some advise on what happens to the stat mat pay, if the contract is not renewed in April 2018. I am aware that an employee must return to the work place for a minimum of three months after mat leave other wise SMP needs to be paid back. Would this be done by the empolyer or the employee as she has been with the organisation for over 2 years and is entitled to it?