Omp

[Morag89]

Hi, i had my LO last October 2019 and I took omp and smp because I always wanted to go back to work. I could never imagine the word had a pandemic prepared for us that could change the rules of the game.
I am a band 5 at a nhs community service and I have all ready to go back to work and then leave the job. But my lo can’t go tu nurseries since has a uncommon condition and it is tricky when it comes to feed and my father has been left quite sick after getting covid and he needs assistance.
I have been issued a sick note which counts as rtw plus AL, but hhrr is asking for money back. Is there any way i can fight my corner?

[Spam88]

Are you in a union? Surely if you're still employed then you don't have to pay anything back?

[Morag89]

Hi! Yes I am on an Union. They basically said if I don’t work 3 months after mat leave (2 are covered by AL, and then I have a sick note for 8 weeks) I would need to return all the OMP. In our policy it says sickness and annual leave count as working.
Would i need to get ready all medical informs from my boy and my dad?

[Trashtara]

If you have officially returned to work, as in no longer on maternity leave, and have that in writing then as long as you are in work for 3 months (including A/L and sick) they cannot take it back. Tell them to take you to court for it - genuinely. They will not win.

[Trashtara]

So in reality what I would do is write a letter stating your return to work date (and attach anything official you have which states this - e.g. email from your manager) and that your notice ends on x date therefore you have been back at work for 3 months.

e.g.

Dear horrible HR person,

Please see attached evidence of my return to work date of 3/6/2020. I handed in my notice on 13/7/2020 and as set out in my contract, my 8 weeks notice ends on 7/09/2020.

Therefore there has been 3 months between my return to work date and my leaving date.

Yours Sincerely,

Morag89

[Morag89]

Thank you Trashtara for the reply.
I have all those emails filed on my computer so I can provide evidence of everything being agreed with my manager.

[Trashtara]

You only need to provide evidence which shows your return to work date and when your notice expires. Anything else such as agreement of annual leave is not necessary and will just muddy the waters

[Bristol85]

Hi everyone, can anyone shed some light please. Basically I took maternity and nearing the end. I moved back to my home country and now NHS will want the OMP if I leave of course. Is there any way they can get it back if I'm living abroad?