Repay enhanced maternity pay if leave

[CherryBlossom456]

I am desperate to change jobs as my workplace is very toxic. However I am required to ‘return to work’ for 3 months otherwise I have to repay my enhanced maternity pay (a huge sum that I can’t afford)

my work have unfortunately found out I have found another job and are insisting I must ‘be at work’ for the 3 months for it to count and I can’t use 6 weeks annual leave as part of my notice/‘returning to work’

I called ACAS and they said it’s a contractual legal matter unfortunately and the phrasing in the contract is open to interpretation (ie what does ‘return to work’ mean in relation to annual or sick leave) so they couldn’t advise.

Has anyone else been in this situation? Ideally I’d use my annual leave first so I can stay off as long as possible with my kids TIA x

How does annual leave and mat leave normally work in the organisation?

Will the company pay you any leave you don't use?

they would retain my annual leave to cover the amount I have to repay - I can’t afford this :( they could pursue me legally too if I left without repaying in full, but it hasn’t ever got to this point before

I was hoping ‘ending my mat leave’ by resigning and taking accrued annual leave for the first 6 weeks would mean I could still legitimately give 3 months notice as required, but only actually be in work for the final 6 weeks

As ACAS have said it’s really a hands tied situation unfortunately OP. My workplace is the same, they offer a really good enhanced maternity but you do have to actually return to work not annual leave for a set amount of time before you are free from repayment

Hmm this is bad 😫

I can’t turn down this opportunity.. my new employers is going to have to wait 3m and I’ll have to return to my current employer early to work my notice. My childcare won’t have started yet (September when my mat leave was due to end)

it feels counter productive as i won’t exactly be productive (work to rule) and you know, it’s going to be very stressful that i imagine I’ll have no choice but to take sick days for…

any other suggestions for those that have been through this?

My workplace has this rule, it’s fairly common. People who want to move on tend to cut their maternity leave short so their new employer isn’t waiting around. When I’ve managed someone in this situation I was very pleased that person didn’t feel the need to work to rule or take unnecessary sick days. 🙄

I must be missing something. You obviously knew what the rules are and what your contract says, so how is it “stressful” that your employer is simply enforcing the contract?

Are you sure that if you resign and are working your notice that counts are returning?

Can you take Annual Leave first and then work 3 months? So if you were going to take 12m, instead take 10.5m, 6 weeks AL and then return to work? Or maybe 4-5 weeks AL at the beginning and save the rest to have a break at some point.

It's not ideal but they can insist on this unfortunately.

My employer has been pretty horrendous pressuring me to work during my maternity leave and even paying me on a time sheet for hours worked in excess of 10 KIT days.

that’s a fair point about them enforcing the contract, I probably feel so aggrieved about the way I’ve been treated (frankly I could pursue them at a tribunal for the work pressure) that I’m so gobsmacked they are throwing their weight around now?

they have me over a barrel to some extent I suppose…:(

Will your new employers wait 3 months for you?
Did you tell them that was the notice you needed to give?

I think it's a bit cheeky to expect not to have to pay it back, or work your notice.

As a pp said,
they offer a really good enhanced maternity but you do have to actually return to work not annual leave for a set amount of time before you are free from repayment

This seems absolutely reasonable and fair to me.
You had the choice to not take their enhanced package, but chose to take it.
How can it possibly be unreasonable for you to then fulfil your part of the contract?

If you've worked (and they've paid you for) time in excess of your maternity, then I thought technically that meant your maternity leave had ended. When did you go over the 10 KIT days? If the "clock" on return to work started at that point, would it help with the 3 month return to work period?

Are you in period of unpaid leave now?

This is exactly what I’m thinking - thank you for bringing this up. I’ve worked around 20 days in total (10 kit, 10 extra illegally) all I felt under pressure to do except probably 3-4 in the early days. Legally:

1. my maternity leave has ended and I’m on unpaid leave having already worked 10 days extra
2. them pressurising me to work was tribunal worthy..
3. yes, I probably (legally and morally) still owe the enhanced pay as per the contract

I totally get I’m being unreasonable not wanting to return in full for the 3 months. I get that I took the cash so I should do the time.

I suppose it just doesn’t make business sense to hold an utterly miserable (unproductive) person to 3 months financially either:

• they will be paying me 3 months pay + 6 weeks annual leave all so I don’t have to pay them ££££. -Alternatively they pay 6 weeks annual leave and 6 weeks pay and we all part amicably with them keeping on my maternity cover for continuity I’m obviously bias, but surely it makes sense to cut your losses cheaply at this point especially given the risks? 🙈

I would ring and have a nice light conversation with someone on the HR team in the first instance and share how sad you are at the situation, that you thought given how much effort you went to by working 10 days of your maternity that weren't KIT days when tbey rang and said they were desperate, that they'd have had some flex and went over and above for you with this in return.

Then I'd give them a day or two before ringing again and saying bluntly that following some reflection after the last call, you now recognise that you were unfairly pressured to do those days, you shouldn't have been asked in the first place as that's legally protected time but you're prepared to draw a line under it if they can waive the notice period.

Yes do this. Play your cards right!
Unbelievable they asked you to work during your mat leave

You are in a very precarious position now you have worked over KIT days. Are you receiving any SMP right now because you may be liable to pay that back too?

You chose to take the package- in all it's glory. Your sly attitude about it being stressful and obviously taking sick days is crap if they've paid you a decent sum to be off

You chose to go in for additional kit days

Women fought for decent maternity rights, bit shitty to take the mick really

And a lot of us don't have decent maternity rights

Well said @NorthernGirlie

The terms and conditions of the extra maternity pay will vary by company but are normally very clear.

You have to actually return to actual work for 3 months after your leave in order to be entitled to the money. If you weren't planning to return you have dishonestly obtained this money by deception. If you were intending to return but circumstances have changed (eg can happen if a child is born with significant additional needs such that childcare plans have to change) that may be understandable but you still have to return the money.

Starting a new job while on maternity leave is a very unethical thing to do in these circumstances.

The best you can hope for is to make a payment plan agreement to gradually return the money that you have spent but which was never yours to spend. Or you do what you agreed to and return to your old job.

Enhanced maternity pay exists to help employers to retain experienced staff so that they don't disappear after maternity leave. It's ridiculous to think you can get away with taking the money and not return.

You should only have to pay back the difference between the SMP and the enhanced payment, not the whole thing. I say "only", that's potentially still a significant amount of money but sometimes people misunderstand the clause and think they have to pay back the whole thing.

Also depending on your sector/how much your new employer wants you, you could potentially negotiate the new employer paying off the old one.

Be very careful as if your ML has ended by you working, you might be in a difficult position.

I'd just suck it up in this instance tbh! Maternity pay isn't free money & you can't just take it & screw the company.

Agree with gretagreens approach

Do you have proof or a paper trail on the 10 days?
Do you have anything at all in writing (whats apps, texts anything... about the 10 extra)

The 10 days is pretty strict from what i understand so the extra 10 is very problematic for your company.

Honestly it is prob worth going to a good employment lawyer and then HR to "settle" something.

If you get lucky they might pay you out the 3 months notice and your accrued annual leave (or more!)

You have been a bit of a knob as the terms of the enhanced maternity are clear and you fuck things up for other women doing this sort out thing. Equally it sounds like they have been dicks and a bit stupid to boot...

Interested to see who plays the best end game... keep us updated @CherryBlossom456

I’m with @NorthernGirlie I saved up two years leave to add to maternity leave of three months. One of my colleagues dragged herself back at three months after prem twins and a three year old. Be professional and work your notice or repay the enhanced benefits.

It makes absolute business sense. If they allow you to deviate from yoyr notice period others will expect to do the same.