Leaving your job on maternity leave - will they make me pay them back???

[Cjames1986]

I'm currently on maternity leave and thinking that I want to hand my resignation in at my current employer before I return so them, I can start work elsewhere in a totally different role.

But I'm on higher maternity pay, which means my employer could contractually demand I pay them back everything over SMP that I've been paid on mat leave! Which would be thousands!

Anyone know if there is a loophole / way around this, legally???!

No. If you don’t go back you have to pay them back.

You will have to pay them back unless you back to work for a specific period of time.

Not sure about loopholes, but I was offered a more convenient, better paying role at the end of mat leave so handed in notice to previous employer.
They did ask me to pay it back, and the total amount would have been a lot but it was then reduced a lot by holidays I’d accrued and sacrificing a few of my final SMP payments.
It does depend on your org though, some contracts state you must pay it back if you don’t return and others don’t so double check that and perhaps have a chat with HR.
If it’s not affordable in one chunk they may allow you to pay it back incrementally. That was offered, but I just got paying them back out the way ASAP!

Been there, done that. I had to pay it back, but they did agree to let me spread it over 10 months. It was about 3k.

No loopholes. If you leave you pay it back if that is what your contract states.

You signed a contract. Why would there be a "sorry, I just don't fancy it" loophole? If you don't go back, you have to pay it back. It's your choice.

I had similar. Wasnt possible to return due to ridiculous low salary and high childcare. I had omp and it did state I had to work x amount of time or pay this back. In the end they owed me a couple of thousand because of the holiday I accrued. Definitely check with hr.

Of course there isn't a loophole, your employer is paying you an extra amount as an incentive to retain you. If you don't stay you don't get the extra money. I would suggest that you put the additional amount into a savings account and don't touch it, just live off the SMP element. Then it's sitting there ready to be paid back if you decide not to go back. When you take into account your accrued holidays etc, then you'll have some left over for yourself.

Check your contract, usually the requirement is that you must return for at least 3 months following the end of my leave.

Look at your accrued leave and see how much of the 3 months that would cover.

My contract was that I had to pay it all back if I left the business within 2 years of starting mat pay. Accrued holidays would make little difference to that so you really do need to check the terms of your contract.

To be fair, I just checked my contract and it doesn't state anything re maternity leave. The HR guidance says 'you may have to' pay them back. So perhaps I need to just talk to them!

My workplace only requires it paid back if I leave within three months of mat leave ending. My notice period is three months, and I've got eight weeks annual leave, so if I find something new I will barely have to go back. Maybe yours could be similar ie. literally just a handful of weeks needed not to pay it back?

@Cjames1986 I didn’t need to pay anything back. I asked HR through an email, and they stated that I didn’t need to pay anything back. So, worth checking first. Good luck.

Whether you have to pay it back depends on your employment contract and any ancillary policies such as maternity policy. There is no legislation governing extra maternity pay.

If your contract doesn't say that you have to and the maternity policy only says 'may be' then contact HR to see what stance they like to take. It's at their discretion.

It wont be in your contract, it will be in your company's maternity guidelines. Like other people, mine states I have to come back to work for at least 3 months or repay the enhanced maternity.

Like other people said, the loophole is to see how far you can stretch your leave. Most people have about a month and a half's accrued leave anyway.

I didn't go back after having my first and I didn't need to pay anything back.

@hellasciously

I didn't go back after having my first and I didn't need to pay anything back.

Did you read additional maternity pay on top of the statutory minimum?

Your holiday accrual could set off a good chunk if not all of the enhanced maternity pay depending on how much it is obviously

You don’t pay the statuatory amount back regardless, so it’s whatever is over and above this that’s the risk

Receive not read sorry

It will be in your company’s maternity leave policy, not your contract

Depends purely on your contract. I didn't have to but many companies require a set number of full time equivalent weeks

Depends on your contract, so check that.
Also check how the company is doing compared to before Covid, could they be looking to shed numbers? If so it might be useful to have you resign vs paying someone else redundancy. Talk to HR.

If differs by company.

When I had DD1, I took the full year maternity leave, gave my notice after the year and 'worked' my notice using my 4 weeks annual leave acquired.

I owed them nothing.

If you go back for a certain period after your mat leave then you don't have to pay it back. If you don't return at all after may leave then OMP is paid back yes.

I can't believe im in this situation. I didn't even know mat pay was repayable