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Was hoping for some advice. I was due to go back to work a couple of months ago but because of stress i have not been able to and have been signed off by my GP. To be honest i am thinking of handing my notice in as i do not forsee my circumstances changing soon. If i do, will i have to repay my OML or will my period of sickness cover the 13 weeks which you have to return to work in order to not have to repay it?
It depends what your maternity policy says about when you have to repay. Normally the time off sick would be counted as the policy wouldn't specifically exclude it and you have 'returned', you just aren't at work. However, your policy might be different. It depends on the exact wording.
Talk to your HR. Usually your sick leave entitlement is not included in your maternity entitlement. If you have taken all you OML and took sick leave soon after that, you'll be paid according to your local statutory sick pay. Also it is worth knowing from your HR that some employers want you to pay back some amount of money if you dont go back to work after finishing maternity leave. That is only if you were paid extra than SMP. Hope this helps. good luck
lisa - that's what the OP was asking - whether she would have to repay any enhanced maternity pay. I think she is already receiving sick pay as she was due back a couple of months ago.
OP - I would just be a bit delicate in how you phrase it. You don't want to basically say 'I'm resigning when I can' as they may, understandably, be a bit less keen to be ultra helpful and generous on discretionary things. Try and make out you just want to be clear in your head how everything works.
Occupational Maternity Pay policies differ for each organisation so only your HR department will be able to confirm where you stand.
If you want to run things past someone outside of your work first I'd recommend getting in touch with ACAS www.acas.org.uk/index.aspx?articleid=1461, your local Citizens Advice Bureau www.citizensadvice.org.uk/ or perhaps your Union if you are a member of one? (They should also be able to help if you need someone to offer support should you need to go into work to discuss things).