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Do I have to pay back Maternity Leave paid to me, if I dont return to work for 6 months?

10 replies

Mammie81 · 15/09/2010 12:46

My aunt says I dont and shes a benefits officer. Although our company policy says you have to make any repayments unless you return to work after mat leave, for at least 6 months.

Who's right? I'd like the option of not returning without being left in the poor house because of repayments!

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Mammie81 · 15/09/2010 12:47

Sorry! You have to make back repayments!

OP posts:
GoldenGreen · 15/09/2010 12:49

you don't have to pay back statutory maternity pay, but if your company pays anything on top of that, you may have to pay the extra back

flowerybeanbag · 15/09/2010 12:51

What GoldenGreen said. SMP you don't have to pay back but if your company's policy says you do I expect they have paid you more than SMP so that's what they will be referring to. Perfectly fine for them to do that, as long as it was clearly indicated on the policy.

Mammie81 · 15/09/2010 12:52

I get 3 months full pay, 29 (or so, cant remember) weeks SMP and then nothing for remainder.

So it would be the 3 months full pay then Confused

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Jacksmybaby · 15/09/2010 12:53

What GoldenGreen says. (SMP = 6 weeks at 90% of normal pay, then 33 weeks at £124.)

flowerybeanbag · 15/09/2010 12:53

It would be the three months full pay minus the SMP you would have got during those three months. To pay you three months full pay your company will have paid you the SMP you were due (which they claim back) and then 'topped it up' to full pay. So it's the topped up portion you will need to pay back.

Mammie81 · 15/09/2010 12:54

Ah so actually its only 10% of the 3 month payments, as the other 90% is statatory? Is that right or am I being a moron?

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Jacksmybaby · 15/09/2010 12:57

sorry x-posts. You wouldn't have to pay back the whole 3 months' full pay, just the extra bit over and above SMP level.

flowerybeanbag · 15/09/2010 12:58

No, you only get 90% for 6 weeks. So it will be 6 weeks worth of 10%, then whatever the difference between £124 a week and your normal salary is for the rest of the three months.

Jacksmybaby · 15/09/2010 12:59

multiple x-posts!

It would be the difference between:

a) 6 weeks at 90% of normal pay plus another 7 weeks on £124 a week (i.e. what you would get if only getting SMP for 3 months); and

b) 13 weeks of full pay (what you are actually getting under your company's maternity policy).

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