Paying back maternity pay

You can request to just be paid SMP- that doesn’t need to be paid back.

if you take company maternity pay and leave within the time frame for paying it back( most places it’s 13 weeks) then a reasonable offer of instalments will be accepted. You will only pay the extra not the smp.

Is it a generous maternity pay package?

If so I would try and find a way of making the time back work. You could use your accrued annual leave to go back part time for a time, and they ask if you can be part time going forwards.

I remember a form to complete before I went off asking if I wanted to receive the enhanced maternity pay or wait in case I didn't return to work. They also asked if I wanted the enhanced pay just paid at the start or spread over 39 weeks, or another time period of my choice up to 39 weeks if I was choosing e.g. 30 weeks maternity leave.
I think the enhanced pay was only for a few weeks, maybe 6 or 8 so not a huge consideration. Some friends in other sectors got much better packages.

*Just tell HR you only want SMP.

Or alternatively put the enhanced amount in a high interest account so at least it makes you some money before you pay it back.*

I was going to suggest this also!

Can you not go part-time to make it less painful?

I'm a bit confused as to why this is a question.

If you aren't going to return after your upcoming maternity period, then tell them in advance, and don't claim the enhanced maternity pay you're not entitled to. That way, there's nothing to pay back.

You're still entitled to statutory maternity pay regardless.

Is there another position in the company that would protect you pay and be happier

We have a team member who has just come back from mat leave, she is pregnant on her return so is basically just doing the 3 months needed for full maternity benefits and not repay any of her last maternity leave. Not an issue at all, she is fabulous (she was previously on another team and I think will return there after this mat leave). This is a local authority (so council) job. She is full time but is only working 3 days a week because she is using up her annual leave 2 days a week (most people add this onto the end of their mat leave to have longer off). Is this something you could do rather than go back full time?

I asked that I not be paid aml when I went off to have dd but they paid it anyway (their mistake as I had put it in writing to hr before I took ml)

I still had to pay it back when I decided not to go back - blame baby brain for not copping on to the extra amount in my bank account over ml 🤦‍♀️ iirc I paid it back over 6 months .

This

People I know who have done this take the full amount and stick the additional bit in a savings account so it earns a bit of interest for the time it's in your hands then pay it back when asked.

On not in as you don't like him

Options;

You can ask for just SMP, rather than OMP

You can ask for the repayment value (you can get a schedule from Payroll to gauge the amount to be folded into future salary with another employer so that you can repay your existing employer

You can hope your existing manager moves in so returning wouldn't be an issue

You can take it and resign and hope they don't reclaim which will be stressful

I work in payroll for my company and staff must return for 6 months otherwise all additional pay (6 months full pay less SMP), has to be paid back. It’s always been enforced, so basically it usually works out staff have to work their full 3 months notice unpaid on return so they may as well just come back for 6 months then leave.

You can just go on statutory then.

If you take the enhanced pay you will either need to work the minimum required after or pay it back. If you can’t afford to pay it back then you need to return.

Op, can you cope financially without the enhanced pay?

The suggestion of taking it and putting it in a fixed term saving account is a good idea.

So the additional mat pay you've already had, you won't have to pay back as the end of your 2nd mat leave will be more than 12 months from going back after your 1st mat leave.

So you're just worried about the additional mat pay from your 2nd mat leave. Just ask your payroll/HR to only pay you statutory mat pay as you're not 100% sure you will return. Ask them not to pay you the additional mat pay. Then you don't have to worry about paying it back.

My old company had a policy of 6 months return otherwise you would need to pay it back. But they gave me an exception as I had been there for 7 years.

Just tell HR you only want SMP.

Or alternatively put the enhanced amount in a high interest account so at least it makes you some money before you pay it back.

How certain are you the people you know who didn't have to pay it back actually got it and weren't actually only on SMP anyway?

Everyone I know in this situation has had to pay it back and its been a pain the bum for them.

They quite often take it off your last pay check which also includes payment for accrued leave etc. if it’s the kind of industry to do garden leave it might not be as noticeable.

You could request to only receive smp if you know you definitely aren't returning

How generous are they with mat pay? If it's a good offer then id just do the year and then move on. If it's not great then just see what jobs done up - you might get an offer that makes paying it back worthwhile

If it's in your contract they can enforce it, but you must know that. You could leave now if you can find another job or just wait until after next mat leave and just do the year then leave.

12 months seems very long, I've only ever heard of 3 months. I wouldn't rely on other people not having been asked to pay it back.