Mat Leave Repayment Query

[Cheesybroccoli]

I’m currently pregnant and planning to inform my employer soon. I intend to take my full 12 months of maternity leave (with 6 months fully paid), and it’s looking likely that I won’t need to return afterward. However, I can’t find anything in the policy about whether I’d need to repay my maternity pay if I don’t go back.

I’d really like to clarify this, as if there are repayment conditions, I’d plan to return and meet the requirements to avoid any penalties. That said, I’m concerned that asking about this now could raise questions or work against me. Would you bring it up now or wait until closer to the time?

If it’s normal SMP no you don’t

If it’s enhanced there should be a policy somewhere but it’s normal to repay if you don’t go back for a certain period of time

Why don't you just ask, tell them your plan so they can run their business and know they have to find a replacement for you?

It's pretty deceptive to be planning on leaving and not telling them?

They will still pay you the enhanced and you'll have to work it back but at least they can recruit in the meantime and you can relax knowing your plans are clear.

My company is the same, enhanced for 6 months, smp for 3 then nothing for 3. Their requirement is at least 3 months back before leaving or you have to pay it back.

We have to return for 6 months or we repay all OMP

Everywhere else I’ve worked it’s been the same regarding returning for a certain number of time and there has been a clear policy, however there is no mention of it at all in the policy here.

I don’t think I’m being deceptive by not telling them as my plans aren’t set in stone, a lot can change in 18 months and if my financial situation does change, I may need to go back. If I’ve told them I’m planning to leave this could leave me in an unfavourable position.

I also don’t mean I don’t plan on telling them at all, just my return date is currently a long way off, I could just leave it until a bit closer to the time but still giving them enough notice to replace me and when my situation is 100% definite.

They’ll be hiring a cover for me and will very likely just make that person permanent if I do decide not to return so I’m hardly leaving them in the lurch.

This is my worry really, I ask about the policy and they then have an idea that I may not return and make things difficult for me if I do need to return.

OP you don't have to tell them your plans now.

Tell them you are pregnant and at the same time ask for any and all policies they have so that you can be fully informed before you make any decisions.

They are not allowed to chase you or ask plans. Legally, as pregnancy is a protected characteristic under the equality act.

Generally it is usually 3 months return to work. This can be lowered with use of accrued annual leave.

Congratulations

It's perfectly legitimate to say that you haven't decided yet and to ask for all relevant policies so you can make a fully informed decision. You aren't obliged to reveal your plans as soon as you tell them you are pg.

Even if you doend up being obliged to pay the extra back, you can still use the money temporarily, they can't make you pay it back in one lump sum, and it's cheaper for them to accept a gradual repayment arrangement than it is for them to take you to court to enforce swifter repayment. Having your normal salary in months 1-6 of your baby's life and then gradually paying it back between month 12-30 (across 18 months) will still leave you a bit better off.

Remember that the amount you woukd repay is only the difference between SMP and what they give. They can't take SMP back.

Start saving now in any case. I wish someone had said this to me when I was only just pg (or even still ttc) - the more you can start living right now as if you have a very small disposable income (because you are putting every penny you can into savings) the longer you will last when your income disappears.

That said - even if you aren't obliged to return in order to keep the OMP, it may well make financial sense to return at least part time - because the other hidden bonus of maternity leave is that you accrue paid annual leave while you are away and they are required to let you carry that over to be used during the subsequent year when you are back at work. So if you accrue 30 days of paid annual leave during your year away and then return at 3 days per week for a year you will have a total of 48 paid days off during that year - out of a total of 156 working days (3 days per week x 52 weeks) which is nearly a third of the time off. If your employer allows you to take those leave days as one day per week you end up getting paid to work 3 days a week while actually only working 2.

This.

Be honest.

How much do you need to know? Would it change your plans e.g. would you return for a bit anyway to not repay it? If not, then you could wait and have this discussion later. I would consider asking if there are any terms regarding returning, as I would really want to know.

Where I work, you have to return for 3 months but people often get round it by reducing to part time and taking their accrued leave, so they either don't have to return or only for a few days. Other companies don't allow this.

You need to ask for all the policies (or find them on the system if you have that sort of set up).

For what it's worth, I wouldn't have had to repay any of my enhanced mat pay if I'd left.

Thank you @PokerFriedDips that’s really helpful.

@BendingSpoons if I don’t have to repay anything then obviously I’ll walk away. If it’s only 3 months then I’d probably just go back for those 3 months rather than repaying anything, not sure if I’d just take the hit if it was longer, I guess it depends on the final figure. I’m only part-time anyway, so 6 months would go pretty quickly.

There’s not an employee in the land who would tell their employer 18 months before they planned to resign. Would you be advising that if OP planned to take time off to travel, do a masters degree, or to move abroad with a partner? I doubt it.

It's a bit different as she's having a year's maternity first.

My point is that she can relax knowing everyone is on the same page not having all of these decisions looming over her head while enjoying her new baby.

The people who employ you are not the enemy they are running a business, and as a worker you benefit from that by getting paid.

This is why pregnant and screwed exists as the dialogue around maternity and employees is so screwed up, but it does work both ways.

And to communicate your intentions helps your employer get the replacement all sorted.

Is there not a policy you can access online to read up on what you're entitled to? Our company has all of their policies online on a portal. If not then I would just ask for the policy when you tell them as you could be looking at any of the details in it. I think it's normal to have to pay back enhanced pay if you leave within a certain time so I would certainly work on that basis for now.

@creamsnugjumper She cannot actually resign, though, because if she does so now, she won’t be working during the crucial SMP period and if she does so at the point she goes on maternity (say) then she wouldn’t get the enhanced pay in question.

Without an official resignation - even if there is a chat about future intentions - the employer has to follow the law, keep the position open for her etc.

And as others have said, she may either change her mind and want to go back full/part time, or have a change in circumstances and need to do so. Just as someone planning to move abroad with a partner may split up with that person, or whatever.

Employees and employers should abide by their contracts, and that is the only obligation.

My previous employer gave six months full pay and I took 12 months leave both times.

The first time I went back afterwards, but the second time they didn't agree to my flexible working request (re WFH - this was before COVID), so I handed in my notice.

Nothing in any policies about repaying the enhanced pay and they didn't request it.

@ringmybe11 yeah I have a policy online that sets out my entitlement there is just no mention in it whatsoever of what happens if I don’t return to work frustratingly.