Payback of mat pay

[ilovechips]

Hi, I work for the NHS. I went on mat leave march 2012, took the full year. My return to work date for pay purposes was 18 march, although I haven't actually been in yet (annual leave is allocated in hours not days and where im part time i have accrued 3 months of annual leave whilst on mat leave - stupid rule but hey I didn't make it).

NHS policy is that to keep mat pay you return to work for any NHS employer, not necessarily the one you were with before, for 3 months after mat leave. It quite clearly states in the policy docmentation that the first day of annual leave counts as the first day of return to work, so in theory I could serve my three months return of service whilst on annual leave.

Anyway, have just found out I'm pregnant again, we have made the decision that I am going to be a sahm...

Today I gave my employer notice that I would be leaving work mid June - this will be 14 weeks after the end of my mat leave, so in accordance with their policy (however silly it might seem) surely i have completed 3 months return? She has said I need to repay the occupational element of my maternity pay, (8wk full pay 18 wk half pay) but I don't think that's right, does anyone have any experience of this?

[ArHydYNos]

Fairly sure you're right, not her.

[flowery]

Well if the policy doesn't specify that for the purposes of reclaiming maternity pay the 3 months has to be spent at work, then she is wrong.

of course, they could refuse to let you take the holiday and insist you come into work instead....

[ilovechips]

They could, but as it's already accrued they'd have to pay me for both the holiday and for being in work....

[ilovechips]

The policy specifically states that where annual leave is added onto maternity leave, day 1 of annual leave counts as day 1 of return to work

[TerracottaPie]

Give HR a ring instead and they'll clear it up for you I'd have thought.

What you're saying sounds right to me.

[flowery]

"The policy specifically states that where annual leave is added onto maternity leave, day 1 of annual leave counts as day 1 of return to work"

Yes, and that's correct, but that doesn't mean they can't specify elsewhere in the policy that to avoid having to repay maternity pay you have to be at work for 3 months as opposed to on holiday. The two aren't mutually exclusive, but unless they've specifically said that you have to be at work as opposed to on holiday for 3 months to avoid repaying maternity pay, then returning to work in any form is fine.

[ilovechips]

I've scoured the policy and it doesn't say anything about whether you have to be physically at work or on annual leave...I am waiting to hear back from her and HR, fingers crossed.

[LaChaiseVerte]

You're right, not her.

[EMS23]

I've recently done similar in that I resigned to leave exactly 3 months after returning from mat leave. The first 6 weeks of the 3 months I was on accrued annual leave. HR advised me to do it that way.
Hopefully your HR adviser will clear it up for you.

[ilovechips]

Just thought I would update in case anyone is interested...

Got confirmation from HR that annual leave after mat leave does indeed count as time back at work, therefore I can leave without paying back mat pay - and indeed I have now left!

[BriansBrain]

Congratulations ilove

On being right and sticking to your guns and your babies