What does this mean?

[RoxyLady]

Just sorting out my SMP. can someone please explain what this means?

Return to work clause:
staff member must return to work for at least six months, or be required to repay (company) the difference between what was recieved and the SMP

Does that mean I have to return to this job no matter what?

I hate this place, how do I get out of it? I thought this only applied to full maternity pay

[sh77]

Yes, I think it means you must go back to work (unless you want to repay the company). My workplace has a similar clause but have to return for at least 3 months. It makes sense TBH given that company maternity pay is often more generous than SMP.

[sorky]

Yes for 6 mo or repay the company whatever they gave you above the SMP. Standard clause I think.

Are you planning on leaving?

You can negotiate to return to the post but on reduced hours if this is possible.

[Cyclebump]

I think it's because of enhanced maternity pay.

On Directgov, it says:

If you qualify for SMP, it is paid:
for the first six weeks at 90 per cent of your average gross weekly earnings with no upper limit

for the remaining 33 weeks at the lower of either the standard rate of £124.88, or 90 per cent of your average gross weekly earnings

If your company gives you more than this (eg mine pays me 100 per cent of my pay for 12 weeks) and you don't come back for at least six months you have to pay back the difference.

I think that's it. Check out the employment and childcare threads, there are good HR bods on there.

[sorky]

It's to stop people being paid for being off on Mat Leave with no intention of returning to work.

Otherwise they could not pay you and employ someone else. Kind of like a payback for keeping the post open for you.

[minipie]

It only applies to the extra maternity pay they give you over and above the SMP.

So if you leave sooner than 6 months, you only get to keep the SMP, the rest you have to pay back.

Fair enough really - the reason they are paying more than SMP is because they want to encourage women to stay working after DCs, so why should they have to pay it if you don't come back.

(At least it's only 6 months - my work policy says I have to go back for 15 months!)

[lilly13]

Yes, you will have to repay the amount above SMP unless you return to work for 6 months. If you don't want to go back, I think it would be reasonable to negotiate an exit package (with the help of experienced lawyers). Depending on the nature of business you are in and number of years with the company, you might get a generous amount and have no stress of coming back... A few of my friends have done this and ended up quite happy. Worth investigating if you are not keen on coming back...