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Original poster

Not going back to work after maternity leave and not paying back omp

25 replies

ArdenRose · 04/07/2020 15:30

Good afternoon everyone,
I am seeking for some advise as I don't know if IABU.
I had my daughter last year and I started with baby blues which went worse, so my mother asked me to go with her to Malaga on February to support me.
I ended up breaking up with my partner, I felt quite mentally unwell and commenced going to a physicologist to help me as I was completely under the weather, he told me I was suffering from PPD.
Then, coronavirus started and the lockdown made things harder. My mom got sick with coronavirus and my anxiety raised so badly during this time.
Now my maternity leave ends in 2 weeks and I have to go back to work (nhs) but I feel totally unable to go back, as my mother is still convalescent and she needs my help day by day, and I can’t take my daughter back with me, it just freaks me out so much putting her into airports and planes and risking her, plus I don’t have any childcare booked for her in the uk, and I don’t have a place to be.
In Spain, GPs can’t issue me a fit note because I am not employed in Spain.

My question is if my psychologist could prepare an inform and this could be acceptable as fit note, or I can get a fit note over the phone for my GP in the uk... I don’t know what to do...
I never told anyone I was feeling like shit when I had my baby because I was so worried to be pointed out as a horrible mom and I felt so guilty...
Could I get any suggestions?

OP posts:

DisobedientHamster · 04/07/2020 15:40

Why do you have to repay SMP? Per your contract, however, you may be liable to pay back what your employer paid you over that, that's often the case unless you go back to work for them for a set period after mat leave ends. You can get signed off sick by a doctor, but you are still liable for that debt, of course, you don't get out of debt because it's inconvenient for you.

Have you informed your employer that you are not returning?

popcorndiva · 04/07/2020 15:43

Yep you will have to pay back the omp. You have left it late as you have to give notice as stated in your contract, you can't just not turn up and it be ok.

DisobedientHamster · 04/07/2020 15:46

That's true, popcorn! OP, you may be in breach of contract for just not turning up or giving notice. It's not going to endear your employer to you, tbh, and yes, you're due back the money.

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Families

Original poster

ArdenRose · 04/07/2020 15:49

@DisobedientHamster

Have you informed your employer that you are not returning?

Yes i have. I handled my resignation letter already

OP posts:

DisobedientHamster · 04/07/2020 15:57

Also not seeing why you're worried about airports and airplanes and 'risking' your daughter when you've been living with your mother since before she had the virus - the pair of you have been about as exposed as a person can get.

At any rate, you need to check your contract and get in touch with your employer.

DisobedientHamster · 04/07/2020 16:01

Okay, well, even so, yes, you will still need to pay back the OMP and work your notice period, although it sounds like you're trying to find a way to avoid working your notice period with a note and you have no plans to return to the UK.

LIZS · 04/07/2020 16:15

You would pay back anything above smp unless you meet the criteria stated upfront ie. Return to work for x months. You have left it too late to just give notice though. Have you already written giving a date to return to work? Have you accrued leave while on ml, if so can you ask to take this immediately your ml ends which will buy you more time. Otherwise you will breech your contract and be without a job , or reference and owing money.

Spanish airports are reportedly more thorough at screening before flights than arrivals to uk. Assume your baby has a passport so it is only your fear preventing your return. Can you afford a carer for your dm if you do while you return to uk to sort the situation out.

SqidgeBum · 04/07/2020 16:24

I have a similar contract to you and I have to pay back my omp and work for 12 weeks full time. That's part of what I chose to do when I opted for my employer to top up.my maternity pay. I could have opted for SMP only and owe nothing. Unfortunately I think you have left it too late to now decide not to go back. You owe that time and money. What date did you put on your resignation letter as a finishing date? Have you spoken to your employer about what you are thinking?

SuperEkstra · 04/07/2020 16:34

I suspect the best thing to do would be to get a sick note for the remainder of the notice you need to work. You will have to pay the money back, though

LIZS · 04/07/2020 16:38

But op needs to be in uk to see a gp. You may get a phone/online appointment and email a sick note but gp is under no obligation to do so. If you have no home in uk or childcare how did you anticipate returning to work pre-lockdown or was it already your intention to resign?

Original poster

ArdenRose · 04/07/2020 16:39

I informed my manager 8 weeks before ending my mat leave saying I will be back for 12 weeks after maternity and then quit. 8 of those 12 weeks are covered my the annual leave I accrued.

OP posts:

Fatted · 04/07/2020 16:39

How long have you been on mat leave for? You will have accrued annual leave and bank holidays in lieu while on maternity leave. This can be used to offset your notice period, so if you have have 20 days leave and 8 BHIL, that's a month knocked off. Most of the time, you have to go back for 12 weeks. Are really unable to ride it out for 8 weeks?

ineedaholidaynow · 04/07/2020 16:40

Why do you think you should not repay the omp?

Fatted · 04/07/2020 16:41

@ArdenRose just seen your update, that's even better. Really for 4 weeks, could you really not tough it out?

Original poster

ArdenRose · 04/07/2020 16:43

When I left I had a partner and a place to stay. Now he just moved back to Jersey

OP posts:

SqidgeBum · 04/07/2020 16:49

4 weeks is very little really. Is there nobody who could help you out at all? Dont get me wrong, I know there may not be, as I have nobody and 100% rely on nursery, but you are contractually tied to work these 4 weeks or you have to pay back what I imagine is quite a lot of money. Even if you have broken up with your partner he is still your DDs parent. Can she stay with him for a bit? Or his parents?

If you wanted a sick note you would need to come back to the uk anyway but a gp may not give one.

ThickFast · 04/07/2020 16:51

I didn’t go back. You’ll have to pay back the extra mat pay. I did it by instalments though so could you agree that?

Gimmecaffeine · 04/07/2020 16:53

You can ask your manager if they will waive your notice period, if it is just a month they may prefer to just let you go if they aren't really short. You'll still have to pay back omp though.

BendingSpoons · 04/07/2020 17:32

Check your contract, sick leave often doesn't count towards the 12 weeks. Is there any way you could work from home? I know this is quite difficult in many NHS roles. Or take unpaid leave and work your remaining time in a few months time? Are you already on your Annual Leave? Is there any option to go part time so your leave stretches over 12 weeks? So if you have 40 days (8 weeks leave) and went to 3 days a week the leave would stretch over 13 weeks.

Original poster

ArdenRose · 05/07/2020 09:07

I have also heard rtw in lieu, which is something like compensate the time I have to work after maternity leave with the AL accrued. Is it how it works?

OP posts:

Original poster

ArdenRose · 05/07/2020 09:11

They have been offering work from home to nurses who needed self insolation as there are suitable rolls.
I was thinking maybe doing 7.5/w all in one go and get ride off this.
My annual leave starts in 2 weeks time.

OP posts:

Rainbowshine · 05/07/2020 09:19

Our NHS Trust won’t allow annual leave to be used to cover the time you have to return in order to not have to repay the occupational maternity pay. You wouldn’t have to repay the statutory pay part.

BendingSpoons · 06/07/2020 13:24

Our trust does allow it but people won't have 3 months of leave so usually have to work at least some time, but often only a few weeks depending on how much they had carried over.

OP i'm not sure what rtw is?

Original poster

ArdenRose · 06/07/2020 14:20

Our policies states that AL counts as worked time, if policy changed after i left then it would be not what knew
Rtw= Return to work

OP posts:

FlowersAreBeautiful · 06/07/2020 16:13

You won't have to pay back the first 6 weeks pay or the SMP but the rest of the enhanced mat pay you'll have to pay back. You'll need to contact your HR dept and they may allow you to pay back in installments or offset some against holiday pay. I have a slightly different contract but I still either have to go back for 13 weeks or pay it back. I didn't claim mine in the end as I wasn't sure if be going back so I'll get it as a lump sum after I've been back for 3 months. It's a perk not statutory or a benefit so depending on what your contract says it needs to be paid back or worked

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