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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

to want my holiday pay. Is this even legal?

16 replies

pissedoffsally · 06/12/2013 17:15

Reg poster, NC as will be recognised.

I'm due off maternity very soon. I've been in contact with work to talk about what I can do.

Due to high childcare costs, and we are not entitled to help towards them, DH and I have decided that I will be a SAHM. We can just about afford it.

I received around £1500 in OMP additional to SMP. So I called payroll to ask if I could set up a payment scheme to pay the OMP off.

Payroll (one person) said that would be no problem but technically I could stay on the books, doing regular cover and keep,training up and not have to pay it back in monetary as I would be still working for them,I will be entitled to holiday pay but no sickness, under the working directive.

This was good news as I wasn't ready to leave and could still keep my hand in.

My line manager as been in touch to say that the £1200 holiday pay I'm owed will now go to paying the OMP of. Hmm

The £300 left of can be worked off. Hmm

I called payroll to query this and they did a complete U-turn and wouldn't commit and said they would call me when they have spoke to HR. That was three days ago.

so why was it originally ok for me to work casual and not pay the OMP back in monetary value, but not now?

Why is my £1200 holiday pay being used to pay the OMP off and I can 'work' the last £300 off when I'm not actually leaving now?

If I can 'work' the last £300 why cant I 'work' the £1200 off like I was originally told.

The company has just had a massive investor pull out so they are really having to find money from every where and I feel like there taking my money because of that.

If I'm wrong can someone please explain to me why? as I'm driving my self potty!

Thanks for getting this far Flowers Flowers

OP posts:
FunkyBoldRibena · 06/12/2013 17:23

Can't you go back, work for one month, then resign and keep the OMP and your holiday pay?

Original poster
pissedoffsally · 06/12/2013 17:27

If I did that funky I would never be able to go back and I really enjoy my work there, I'm not ready to quit forever Sad

OP posts:
Binnky · 06/12/2013 17:33

I am not sure what you mean by saying you were paid £1500 "OMP" in addition to statutory maternity pay? Ordinary maternity leave is just a reference to a period of time you are allowed off work and SMP is the money you receive whilst you are on leave. Anyway, to the extent you have been overpaid, they are entitled to recover any overpayments from you that were made in error.

Original poster
pissedoffsally · 06/12/2013 17:35

OMP is occupational maternity pay, supposed to encourage you back to work. Its paid alongside SMP to build it up. If I go back I don't pay it back.

OP posts:
BeigeBuffet · 06/12/2013 17:38

You need to get in touch with your trade union and go through the legal team there, they will give you representation and legal advice which could really help you. You should never be discriminated against for being pregnant and this sounds like you are.

Binnky · 06/12/2013 17:39

Oh I see. Have a look at what it says in your contract of employment about that, but it is likely they are entitled to recoup that money from you in the way they are suggesting due to the nature of the OMP itself. You could speak to your union if you are in one as they will be familiar with the contractual arrangements. If not, just ask them to explain the basis for recouping in this way and then you can take it from there. I suspect they are entitled to do this though.

Original poster
pissedoffsally · 06/12/2013 17:40

beige stupidly I never joined Sad Angry

OP posts:
jacks365 · 06/12/2013 17:44

It does sound as if the first person in payroll misunderstood the rules. Your contract should state the minimum you need to do to qualify for the omp so refer to that and then speak to hr directly once you have that information.

Binnky · 06/12/2013 17:47

This does not sound like discrimination on the grounds of pregnancy. Many employers can recoup contractual maternity pay (or OMP) in this case if you do not return to work following a period of maternity leave.

lisad123everybodydancenow · 06/12/2013 17:47

This reply has been deleted

Message withdrawn at poster's request.

Binnky · 06/12/2013 17:47

Agree that the payroll person was probably trying to help but does not know the rules.

HarderToKidnap · 06/12/2013 17:49

Usually in the maternity policy they have a minimum you have to do once coming back to work to not have to pay your OMP back. In the NHS it is a minimum of two shifts a week for three months. Check the policy but I suspect the first person you spoke to was wrong. Going back on a casual basis doesn't normally entitle you to keep your OMP.

Binnky · 06/12/2013 17:50

By the way, have you already handed your notice in? If you have done, they are not obliged to let you rescind it so that you can work the equivalent of the money owed.

Original poster
pissedoffsally · 06/12/2013 17:50

jack payroll also deals with all the legal contracts and is a complete wizard in all he does. He has always been on the ball in the past. He has dealt with me personally quite regularly so was aware of my hours - which was full time.

OP posts:
LIZS · 06/12/2013 17:53

at what point in ml are you ? It sounds as fi he was suggesting a career break but that may not be the company policy and may well be discretionary even if so.

Original poster
pissedoffsally · 06/12/2013 18:00

Ive not handed in my official resignation yet. I will hunt out my contract.

I was actually offered hours on a Saturday which I was going to take but my line manager said I had to go to a smaller site which I declined as I would make very little there. I feel I was backed in to this mess.

OP posts:
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