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Scared employer will take my maternity pay

7 replies

Elizabeth199 · 09/10/2023 18:14

Basically, I'm going on Mat Leave in December. My company pay for 9 months which is great, but I've got this terrified feeling they're going to sack me when I return to work.

The agreement is you have to return to work and stay for 6 months, or else they can get back the maternity pay.

Is this possible, and if so, has anyone else felt petrified by this?

OP posts:
echinaceadreams · 09/10/2023 18:17

They can't just sack you there will have to be a due process

Ohyay · 09/10/2023 18:19

Most policies it is repayable if you leave / dont return for X period.
Not being sacked.

ChatBFP · 09/10/2023 18:20

Yeah, if they sack you it's unlikely they can claim it back - I mean, it's not in your control. If you leave, it's different.

Soontobe60 · 09/10/2023 18:21

They cant just sack you first of all.
If they did, they cant claim back mat pay - that would only be possible if you resigned.

dementedpixie · 09/10/2023 18:23

Is it enhanced pay they give for 9 months?

You would pay back anything above the SMP rate if you didn't return or left before 6 months had passed. I very much doubt they would be able to make you pay anything back if they sacked you. Do you have a reason to think they want rid of you?

MariaVT65 · 09/10/2023 18:25

Do you mean sacked or made redundant?

Have you done anything to warrant being sacked?

I was made redundant 6 months after coming back from mat leave. I didn’t have to pay back mat pay. I would have had to pay it back though if i had been offered an alternative role and turned it down, as that would count as resignation.

Sisterpita · 10/10/2023 21:07

The 6 month requirement only applies to you I.e. if you resign and don’t work 6 months you have to repay. Yes I have known employers insist on repayment.

If you are made redundant or dismissed then the 6 month requirement is unenforceable. You are willing to work the 6 months but they are preventing you by making you redundant.

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