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To return or not to ? Paying back maternity and more

13 replies

mia1972 · 12/05/2017 12:06

Hello ladies,
I am not sure what to do. I currently work for a charity and they have the policy of having to pay back mat leave (the part that is not statutory) if you don't go back. The thing is I had to take such a big pay cut to get a job in a charity I'm now wondering if it's worth going back and with another kid in childcare I might need to ear a bit more. Obviously I don't want to pay back mat leave as I will need the money. I was wondering however how open you can be about only going back for those 3-4 months that I need to go back for that will enable me not to pay maternity back to them? The scenario I have in mind is that my boss will recruit a mat leave cover and this person will leave when I go back, then after a month after I'm back I'll have to give them notice which is going to make her quite cross, but what can I do if this is the policy? Or can I say before going back that I'm only going back for a short period? Has anyone experienced this before? Thanks in advance

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peenakholahda · 12/05/2017 12:11

I'd be upfront; but frame it to them that you're looking for another post because you need to earn more. So instead of saying you're coming back for the minimum required time, say that you're coming back but you anticipate you'll be handing in your notice reasonably soon. That way they can plan.

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jacketej · 12/05/2017 12:21

It's quite a common thing for people to do, I know a few who have just come back and worked the notice needed so not to pay occupational maternity back.
In my line of work it's a month, this can also be used with annual leave so effectively some people don't go back to work. They hand their notice in towards end of mat leave, use their entitled annual leave for the year so cover the working period.

I wouldn't worry, so what if your boss is annoyed by it? That is just how it is sometimes, they can't give you a negative reference. Just be up front and honest and say that due to
Childcare cost you are looking at other employment etc

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peukpokicuzo · 12/05/2017 12:39

Check the wording of the policy very carefully. Does it just say you have to go back, or does it specify how long for? I know someone who thought they could get away with tagging 2 months accumulated annual leave onto the end of maternity leave and then giving 2 months notice on the first day of annual leave. It didn't work - in order to keep the maternity pay she had to have been actually coming into the office doing work (not just bring on annual leave) for 2 months BEFORE handing in the 2 months notice.

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TheChineseChicken · 12/05/2017 12:53

Do you have much accrued annual leave? It may go some way to offsetting the money, as they have to pay you for any not taken before you leave

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TheChineseChicken · 12/05/2017 12:58

Also... don't forget that you were paid X enhanced mat pay but only received Y after tax and NI. So you should only have to pay them back Y and they have to claim back the deductibles themselves. Make sure you are aware of this if you start to talk about paying it back. I have just been through this process so if you want some more advice feel free to PM me. Basically I managed to go from owing my employer a very large sum of money to owing them nothing because I did my homework

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peukpokicuzo · 12/05/2017 13:14

Also try to use all your 10 KIT days so long as you can get childcare for them - they have to pay you your normal salary for those days whether or not you return so it will reduce the amount that you owe if you do have to repay.

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mia1972 · 12/05/2017 13:41

Thanks you ladies, this is really helpful, I am finding it hard. MY boss is a general and she is already pissed off that I will be leaving 7 weeks early due to my complications and I can already see her face when I will tell her I will be only going back for a short time ...

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CottonSock · 12/05/2017 13:43

Don't tell them! You might change your mind..

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mia1972 · 12/05/2017 14:44

So the policy says I have to go back for 12 weeks (or part time equivalent) and if it's true that I can use the holidays and the KIT days that will probably lessen the burden/moneys to repay. Chinese Chicken I might take you up and PM you as I want to have things clear in my head before I go on Mat leave. Yes I could change my mind buy the idea of having to go back to my old job for a couple of months when I'm in the midst of interviews is not appealing ...

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Wormulonian · 12/05/2017 14:50

Yes - Don't tell them until you have to

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TheChineseChicken · 12/05/2017 17:43

Do PM me, happy to share my experience. I echo what others say though - don't say anything yet!

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thelionsleeps · 12/05/2017 17:48

Echo re about doing your sums. I didn't go back and initially they tried to say I would have to pay back the whole amount they had paid me which included nat insurance and tax. Once I had pointed this out and the fact that I could repay money which I hadn't received and couldn't recoup nat ins it came down quite a bit. Plus I could take off some holidays as well.

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notturningintopowerranger · 21/05/2017 22:47

I had to return for three months and with A/L I did three and a half weeks. Didn't have to pay money back and got to keep continuous service!

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