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Help Please!! Resigning After Maternity Leave

(2 Posts)
Jennlx Mon 17-Aug-09 20:24:00

Just a quick question about contracts more than anything else. I am pregnant but intend to resign after my maternity period. I will receive enhanced maternity leave of 90% for first 18 weeks then SMP for the duration.
My companies maternity policy states "if you do not intend to return to work you are required to give the Company notice in writing in accordance with your employment contract".

I am concerned about the Company asking me to repay the enhanced maternity leave (as would leave us destitute!), but as it is not mentioned in the company policy am I in the clear?

Many thanks (stressing!!)

Chunkamatic Mon 17-Aug-09 20:31:18

Someone with proper legal knowledge will hopefully be along to give you some proper advice but...

I took occupational mat pay, which is a similar principle to what your's sounds. When it cam to returning to work, i considered not doing for childcare purposes. Now, it clearly states in my employers policy that you will be liable to pay back the extra pay if you do not return for 3 months full time (pro-rata part time). However, i was given the clear indication by my boss, and told by other colleagues that they very very rarely chase you for the money. The reason i was given for this was that it can be a bit of a tricky employment law area, and if you claimed that for any reason it was made difficult for you to return the work then they'd have a case to fight to get the money back. Baiscally it is not worth their effort.

I did choose to go back, so cant advise as to what the reality was.

If there is nothing in their policy then it would suggest they don't want the money back, but there would be no harm in you contacting the HR dept to make sure before you take the leap. At leasy you can make an informed decision that way.

Good luck!

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