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???!

I had to sign something before I went on mat leave saying I’d have repay my enhanced mat pay if I left within 12 months. I left after 6 months and had to pay half back (it was pro-rata’d). It was a few grand but less than I’d anticipated and they let me pay it back on my own terms.

Contractually I was obliged to pay it back, but I had a grown up conversation and we agreed that it was best for everyone that I was free to leave without paying anything back.
I was pretty senior, and they would have probably put me on gardening leave anyway so it worked out ok all round.
You can negotiate sometimes (I was very senior so that helps)

Basically a contract is a contract, and sounds like it's locked in

Ask HR. Both my employers had an informal policy of not asking for it back even though legally they could have. They were thrilled to have a woman of childbearing age leave I suspect. But it’s not unusual for a good employer to let the employee keep it - ask before you resign though!!