Can they change the maternity leave policy WHILST I'm on maternity leave??

[Flizzle]

I've just come back to work and have handed in my two month notice. I've been back officially since the 22nd December and needed to work until the 22nd March in order to not have to pay back my (rubbish) maternity pay.
They are now telling me a new maternity leave policy was signed off in Febuary and I may now need to work an extra 5 weeks. I went on A/L on the 14th Feb 21 and started mat leave on the 28th.
Surely they can't do this? Surely as my mat leave forms were signed off under the previous policy, that policy applies?
I'm so upset. I was hoping to escape this horrible place as soon as possible and they're endangering my new job offer by holding me to ransom.

Did you get a letter confirming your maternity entitlements when you went off? This may have stated how long you had to return for.

Did they do a consultation exercise when they changed the policy?

Ultimately, I would challenge it (easier to do if they have set out the expectations in a letter). When did they make the change? Midway through your Mat leave? How much of the enhanced pay had you received?

I’m asking for all the paperwork related to my mat leave but from memory, it didn’t say anything other than ‘here is the attached policy’.
The original policy stated 3 months return but the new policy is 13 weeks NOT including annual leave. My first month back was on annual leave so that’s where they’re really screening me over. I’ll also have to cancel the 8 Fridays I had booked off.
The document says they policy was reviewed in Feb 22 but there is no approval date, or date it goes live from. I started my mat leave on Feb 28th and this document was not available then.
i got two extra weeks full and 3 months half.

So, I’m not a legal professional but I do work in HR. Enhanced maternity pay is generally non contractual which means the Policy can be changed and in this case it would seem they did it before you went off on Maternity leave.

Did they send you a letter or an email with ‘here is the attached policy’? If they attached the previous version of the Policy then you should go back and challenge this. Say simply that you took maternity leave and made plans based on the written confirmation that you were entitled to enhanced maternity leave under the previous policy and as such since you have child care commitments you will be leaving at the 2 month point. This Policy change was not communicated to you.

They will almost certainly back down at this point, particularly if they take any legal advice on it.

The likelihood of them pursuing you for the enhanced maternity pay is very slim and cannot garnish your salary as you haven’t left yet. Should they pursue you for the money I think they are very unlikely to win. That being said it is a risk (albeit very small).

So, if it were me, I would strongly challenge this first. If you get nowhere with that, raise a complaint or grievance to very senior management / HR.

Thank you so much!!