Sickness after maternity leave

[WhatICallMyUsername]

I am currently signed off work with depression and anxiety, I was signed off whilst on annual leave following maternity leave. Because of my mental health, DH has said we can manage for money if I leave work. However I cannot afford to pay back my maternity pay (which my contract states I have to do if I don't return for 3 months). As I am currently employed by the company albeit on sick leave, DH thinks this will count towards the 3 month period.

Does anyone know if this is correct? I am in such a state I honestly can't see myself being able to go back

You need to check the wording of your employer's specific policy, no one on here will be able to confirm for definite.

See if the policy states anything about periods of annual leave or sick leave etc not counting towards the 3 month period. If it doesn't say sick leave is expressly excluded then it should count.

My company's policy specifically outlines that you need to return to active working duties for the specified duration to prevent enhanced maternity pay being clawed back.

Read through your policy carefully. If it's not specified just drop HR an email asking to confirm the specific policy in situations like this. That way you'll have it in writing when you make your decision. HR don't need to know that you're probably going to leave, just that you're looking at all options and the policy isn't 100% clear.

I know this is an extra stress when you're not in the right frame of mind but it's worth trying to tackle it rather than hoping for the best and having to worry in the future.

Thanks for the replies, I should have known it wouldn't be a straight forward yes or no depending on the policy. I don't think there's anything in it but will check later. I know annual leave counts as I already asked the question. My Manager and her Manager already know I might leave after 3 months as I had a panic attack in a meeting and blurted it out when I was upset. Good idea about emailing HR so I've got it in writing