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Original poster

Returning to work after maternity leave

26 replies

Unicorn234 · 03/12/2018 22:16

What are my rights with returning to work after maternity leave if I don't want to go back to the same job?
My boss has said if I don't return after maternity leave for the first 12 weeks then I will have to pay my maternity pay back. Is this correct?
Also does it change things if it's written in a contract? I've never signed anything in a contract regarding returning to work after maternity but I've got a feeling they may try and sneak something into contracts as there's a few girls pregnant.
I work in a private day nursery and will just be getting statutory pay.
Any help would be great 😊

OP posts:
StealthPolarBear · 03/12/2018 22:18

You shouldn't have to pay smp back.

minniecat2406 · 03/12/2018 22:18

www.gov.uk/employers-maternity-pay-leave

mothertobe789 · 03/12/2018 22:18

As far as I'm aware if its just statutory you shouldn't have to pay it back. I work for the nhs and get more than statutory, if I don't return for at least 3 months I would have to pay back the additional that you get from nhs..didn't think you paid back smp though!

mortifiedmama · 03/12/2018 23:01

Depends if you get occupational maternity pay. If you do, then you have to pay it back unless you return for 12 weeks. It's usually in the maternity policy, but the contract but at adhesion to policy is usually a contractual obligation it is contract.

babyp160 · 03/12/2018 23:06

I believe stat maternity is through the government who you don't have to pay back?

babyp160 · 03/12/2018 23:07

Unless you get more?

Returning to work after maternity leave
peachypetite · 03/12/2018 23:11

Did you get enhanced pay?

namechangedtoday15 · 03/12/2018 23:13

You don't have to pay back SMP but if you get enhanced benefit you are likely to have to pay it back. The terms depend on your company. I had to pay it back if i didn't go back after maternity leave and stay with the firm for at least 2 years.

StealthPolarBear · 04/12/2018 06:41

But the op says she only gets smp

iLevictoiChete · 04/12/2018 06:56

You definitely don't have to pay back smp.

You have the right to return to the same job under the exact same terms and conditions (same hours, shift pattern etc. Any additional perks and considerations unchanged) if you return with 9 months. If you return after between 9 and 12 months they still have to give you a job but it doesn't have to be the exact same job as it's considered reasonable for them to make adjustments if you are away for a longer period.

You don't have the right to make them change anything when you return. If your old hours/shift pattern etc won't suit you now then you can ask them to consider a change, but they can consider it and say no and you can either stick with the old deal (or go with any new deal they are prepared to offer) or resign.

It doesn't particularly matter that you haven't signed a contract. If prior to going on maternity leave you have been turning up at work according to your scheduled duties, performing the functions asked of you and accepting pay, then you are deemed to have accepted the company's standard terms and conditions. They can't change those terms and conditions without consultation but the consultation is just a box-ticking exercise to allow anyone who can't accept the new deal time to resign. The change will happen anyway.

SnuggyBuggy · 04/12/2018 07:00

I think you need to sit down for an actual meeting

Original poster
Unicorn234 · 04/12/2018 07:56

Thanks all for replying however like I said in my OP I will just get the statutory pay so first 6 weeks is 90% of earnings and then after that it's like £145 a week or something like that.
I'm not leaving to go on maternity until around March time but was just looking for some advice. However I think I may go to citizens advice to know exactly where I stand.

OP posts:
babyp160 · 04/12/2018 09:37

I'd get them to put in writing what they are saying and say that you're going to citizens advice. Watch the shit themself about discriminating a pregnant lady 😂 they are wrong.

WhiteWashGails · 04/12/2018 11:26

It doesn't particularly matter that you haven't signed a contract. If prior to going on maternity leave you have been turning up at work according to your scheduled duties, performing the functions asked of you and accepting pay, then you are deemed to have accepted the company's standard terms and conditions

I am a HR person shall we say and this is only true if you haved SEEN a contract. And if you have, after 3 months you have deemed to have signed it.

All on GOV.com

SnuggyBuggy · 04/12/2018 11:45

I would try and get a copy to take with you

mumofmunchkin · 04/12/2018 12:12

As others have said, you don’t have to pay back statutory pay. Many companies that offer enhanced pay would require payback of the enhanced pay if you don’t go back for a set length of time. Definitely get advice you can take back to your employer on this, it’s something that, for your peace of mind, you want sorted before you go on mat leave.

KittyMcTitty · 04/12/2018 13:01

If you are just getting smp you don't have to return or pay it back but you do have to give 12 weeks notice if you decide not to return. You will still acrew leave during your time off though so make sure you get paid this at the end of the 39 weeks paid leave as well as any bank holidays.

Maternity action is a really helpful website.

www.maternityaction.org.uk/advice-2/mums-dads-scenarios/pregnant/resigning-during-pregnancy-and-maternity-leave/

Original poster
Unicorn234 · 04/12/2018 13:15

I've now just heard that my boss has added the 12 week rule into the contracts. Does this change things?

OP posts:
dementedpixie · 04/12/2018 13:19

No, because that is not the law. He can't just make stuff up.

Original poster
Unicorn234 · 04/12/2018 13:22

@dementedpixie so that all sounds rubbish to you?

OP posts:
dementedpixie · 04/12/2018 13:30

Your employer can already claim back the maternity pay from hmrc so he would just be being greedy to say he can get it back from you too. Maybe contact Maternity Acton given in a previous post

ItIsChristmasTime · 04/12/2018 13:49

I've now just heard that my boss has added the 12 week rule into the contracts. Does this change things?

As long as all you get is SMP then it makes no difference.

GrabEmByThePatriarchy · 04/12/2018 14:00

He can add whatever he likes to the contracts, it means fuck all. You cannot be required to pay statutory maternity pay back. If there's a conflict between what the contract says and what the law says, the law wins.

flowery · 04/12/2018 14:04

You cannot be required to pay back statutory maternity pay.

If you were receiving enhanced pay, that could be subject to conditions such as returning to work for a period after maternity leave, however in that case you would need to have been advised of those conditions before receiving the enhanced pay.

It is also not possible to 'sneak' something into a person's contract. If the person hasn't even seen the amended contract, it does not apply. The employer can't change it and just not tell the person.

If an employer wants to change a contract, it would need to consult with the person, and seek their agreement to the change. There are ways of forcing a change through if it is necessary for business reasons, but not 'sneakily'- you'd definitely know it was happening!

babyp160 · 04/12/2018 16:08

Have you signed said amended contract? He could write anything thing in if this was the case. 'Must scrub the toilets with her tongue' but would you do that? No..... so you wouldn't sign it.

SMP doesn't need to be paid back.

I work in childcare and my employer

-gets my matb1 form from me.

-They send it off and they get a cheque of my full SMP sent to them to be able to pay me FROM THE GOVERNMENT!!!

-employer pays me

So no it doesn't tend to be our back.