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Original poster

Maternity clawback - anyones employer ever gone through with it?

52 replies

VORE · 31/08/2023 11:04

So my job is horrible, incredibly high stress, culture is appaulling - normal to be expected to work all hours to meet unreasonable expectations (very much a do what ever it takes to get the work over the line no matter the cost), no one seems to care about your personal well being, I've had HR involved due to work place stress and it did little to no good. The output expectations from senior leadership are far too high for the staffing resource the business has and yet they refuse to hire more staff. The staff turnover is very high because people can't handle the work culture. They've gone through two CFOs in two years because both have quit because they said they couldn't handle how unreasonable the CEO and senior leadership expectations are.

Had I not been pregnant I would have left this job months ago, however have been trapped because of maternity pay.

Problem is the company offers a prtty decent enhanced mat pay however there is also a 12 month clawback clause on the enhanced mat pay.

I really and truly do not want to go back to this job after my maternity, not only because its so unbelievably stressfull but also financially it doesnt make sense as the cost of 2 in nursery would take up 75% of my net salary, so I would be working a very high stress job whilst also managing two small children and basically drowing for very little financial reward. There are much more profitable work options out there for me if I left too that would make having 2 in nursery worth it.

My plan is to start making noises about only being able to come back 2 days a week because of childcare and also making it clear that if I did come back it would exclusivly be for the clawback period, basically implying that I will be a pretty rubbish employee for the year if I do go back - with the hopes that they might just decide that its not worth the hassle of having me back and make me redundant (and therefore not have to pay back my enhanced mat pay).

So I'm just wondering has anyone ever had their clawback period enforced and actually had to pay back their enhanced maternity? And if so how did it work? Did you work out a payment plan? Surely they can only take the net amount after tax back off you too?

And before any holier than thous start chiming in about the fact I shouldnt take the money if I have no intention of going back - UK stat pay is utterly appaulling, its a large company is is doing very well financially (this would be a drop in the ocean for them) and also they have treated me so badly and caused me such an exessive amount of stress during my pregnancy that I really and truly do not care about doing the right thing by them because as far as I am concerned they haven't cared about doing the right thing by me during my pregnancy.

OP posts:
AIstolemylunch · 31/08/2023 11:07

I recognise this workplace, or similar. They strike me as being the pedantic type. Have you got the energy to go through with the 'being a crap employee' for up to a year afterwards? hope for a compromise agreement? Would probably work but sounds stressful.

Bubbleses · 31/08/2023 11:15

I have a friend going through something similar. She asked HR theoretically whether the clawback would be enforced and they said that they have never actually enforced it and that they would not make her repay if she left. Obviously company specific (this is a law firm) but might be worth sounding out HR

BadgerFace · 31/08/2023 11:15

If they are a horrible employer and you do not perform as a rubbish employee wouldn’t they performance manage you out rather than make you redundant? Unless there’s already a redundancy round in process which you could join?

I would expect an employer to clawback enhanced maternity pay (unless you settle on a compromise agreement) as otherwise they are setting a precedent which would make the policy pointless.

I’d go back and plan my exit. I had a new job offer within 6 months of returning after my second child and left my employer of 17 years after some shoddy treatment so empathise!

MrsAvocet · 31/08/2023 11:20

Not me personally, but I know two people who have had to repay some of their maternity pay when they've not returned after mat leave - both public sector though.
But yes, it does happen. I'm not sure exactly how it worked logistically sorry and neither of the people in question are close enough friends for me to feel comfortable about asking that kind of detail about their finances but they were definitely required to pay a proportion back when they decided not to return.
In your shoes I would be worried that an employer who has not been supportive to date is likely to be even less supportive if you are no longer useful to them to be honest. I doubt they will go out of their way to make things easy for you. Have you got a union you could seek advice from?

Nursemumma92 · 31/08/2023 11:22

Yes I work for NHS and don't wish to return after my maternity leave but I definitely will have to pay back my enhanced mat pay if I don't return, but only have to return for 3 months thankfully.

BritishDesiGirl · 31/08/2023 11:22

Yes, they will claw it back and have every right to do so. Making you redundant doesn't change anything in respect of you paying it back.

They won't give a crap about your reasoning either, they need to look out for themselves.

AlltheFs · 31/08/2023 11:24

Mine does (university), it can’t afford not to.

It is a lovely place to work though.

Our period to return is less though and most people can play the system by using leave and then going sick. But it doesn’t happen often.

Sleepygrumpyandnothappy · 31/08/2023 11:25

My company has this policy.

A colleague tried the “I’ll be a crap employee” bargain and it bombed. Senior management (not unreasonably) felt that you don’t pay someone off because they’re threatening to work poorly.

Beauty4Ashes · 31/08/2023 11:28

I wouldn't recommend speaking to HR, they work for the best interests of the company not for you. My workplace has various thresholds e.g. if you leave after x amount you only pay back x amount, so you may be able to afford leaving after a shorter amount of time. Also take advantage of your keep in touch days, you get paid for those. And I wouldn't make any decision until you've actually gone back, a lot can change when you're on mat leave. I've been off and my nightmare of a boss who I thought would never ever leave has actually left, so the dynamics of my job will have changed by time I return.

Also it's your legal right to request flexible working or speak about change in your role so that's what I'd use your keep in touch days to do.

If they're a big company and have the means to do so, they legally can enforce repayment, but I'd just play the game for that bit longer. Don't appear to be a disgruntled employee.

drpet49 · 31/08/2023 11:30

BritishDesiGirl · 31/08/2023 11:22

Yes, they will claw it back and have every right to do so. Making you redundant doesn't change anything in respect of you paying it back.

They won't give a crap about your reasoning either, they need to look out for themselves.

This. I know someone who had to pay it back

whosaidtha · 31/08/2023 11:32

They can't make you redundant unless your role is actually redundant. They could manage you out.

Original poster
VORE · 31/08/2023 11:34

Beauty4Ashes · 31/08/2023 11:28

I wouldn't recommend speaking to HR, they work for the best interests of the company not for you. My workplace has various thresholds e.g. if you leave after x amount you only pay back x amount, so you may be able to afford leaving after a shorter amount of time. Also take advantage of your keep in touch days, you get paid for those. And I wouldn't make any decision until you've actually gone back, a lot can change when you're on mat leave. I've been off and my nightmare of a boss who I thought would never ever leave has actually left, so the dynamics of my job will have changed by time I return.

Also it's your legal right to request flexible working or speak about change in your role so that's what I'd use your keep in touch days to do.

If they're a big company and have the means to do so, they legally can enforce repayment, but I'd just play the game for that bit longer. Don't appear to be a disgruntled employee.

Yes my plan wouldn’t be to start making any noises about only wanting to come back part time etc until after 6 months of me being off because obviously I want to keep accruing annual leave etc and don’t want to jeopardise anything to do with my mat pay as it stands right now.

OP posts:
minipie · 31/08/2023 11:39

They don’t have to agree to you coming back 2 days a week. They can refuse flexible working requests if they have legitimate business reasons - and if they are so busy then they probably do.

In your shoes I think I would resign, ie not go back after maternity, and IF they start trying to clawback then I would point out their various HR breaches, stress they caused during your pregnancy/mat leave etc and basically imply that a counter claim might be coming their way. Far more likely to work than threatening to be a crap returner.

ForeverWinter · 31/08/2023 11:42

It's not the person who gets made redundant its the role. So if the work is there and someone is required to do it (either yourself or mat cover) it wouldn't be a redundancy situation.

Do you think they'll let you drop to two days or will they push back citing they need someone in the role full time?

12 months is a long time for a maternity clawback (3 is standard i'd say as someone who works in HR) so on that basis i'd say they would be more likely to claw it back. For a period that long they don't care if the employee is disgruntled or not, if anything they're probably hoping you quit so they can get more money out of you.

HaPPy8 · 31/08/2023 11:48

They don’t have to agree to reduced hours though …. I’m not sure how talking about that will help unless the part time hours are actually what you would like to do? What will you do if they agree?

in answer to your question they do claim it back where I work but obviously that’s not necessarily the case at your workplace.

Bookish88 · 31/08/2023 11:50

If I did come back it would exclusivly be for the clawback period, basically implying that I will be a pretty rubbish employee for the year if I do go back - with the hopes that they might just decide that its not worth the hassle of having me back and make me redundant (and therefore not have to pay back my enhanced mat pay).

That's not how redundancy works. They don't make "you" redundant, they'd be making your role redundant. Which they can't legally do it the role is still needed.

If you plan to leave after maternity, then just accept that you'll likely be paying the money back.

BadHairBae · 31/08/2023 11:53

I'm due to go back to work after mat leave next month and will be staying there part time until I can quit. I actually don't know how long I have to stay because the only way I can contact HR to ask is by email and I don't really want to do that, so I'll have to call them when I'm back.

My work culture sounds just like yours and being off for so long has made me realise how draining it was.

Hopefully this thread will help me also!

PickledPurplePickle · 31/08/2023 11:58

They can only make your role redundant, not you - so that's not an option

You can ask to reduce your days to 2 and they can say no due to business reasons. Then if you can't do 2 you would have to leave

Yes I have seen many claw back, as per their contracts

If you hate it that much just ask for normal maternity pay and leave. Or be prepared to pay it back

ittakes2 · 31/08/2023 12:03

I think if you are asking for two days a week since this is less than what you do now they are not obliged to find a job for you and don't have to make you redundant?

Hufflepods · 31/08/2023 12:04

They will more than likely make you pay it back so either you accept that you will return to work or there's no point taking it unless you plan to keep it aside to repay them.
It is unlikely they will just pay you an enhanced rate over maternity and then think nothing of it when you don't return.

Noodledoodledoo · 31/08/2023 12:09

Also you might want to check , I am public sector but my clawback period was 1 year FTE so going part time to 2 days would have meant I would have had to work for 2.5 years.

They won't care about your childcare issues, as harsh as that sounds its not their problem, the cost would have been known to you prior to the pregnancy.

I would just take SMP and start looking for a new job.

ohsoso · 31/08/2023 12:19

I had this situation. Horrendous and toxic work place. Loathed it. Knew I didn’t want to go back after maternity so just didn’t take the enhanced pay. It sucks but is what is is. They made it clear you’d have to return for six months or pay it back. And I figured easier to not spend money you don’t have than spend money you don’t have in paying it back

YouveGotAFastCar · 31/08/2023 12:30

Yeah, most places do enforce it.

Do what you need to do; but do it aware that you'll have to pay back the excess pay; in a reasonable amount of time. A court would decide what that was, if you couldn't agree with them.

As others have said; they are very unlikely to make your role redundant, especially if they're very busy. They couldn't replace you, then. And they don't have to agree to flexible working requests.

I agree that UK maternity pay is dire; but you may well be better saving as much as you can, surviving on what you get, and not being left with a massive debt to pay back at the end of it.

CRbear · 31/08/2023 12:34

A friend sounded out her HR and they said as long as she wasn’t going to another employer they wouldn’t ask for it back. I think it’s worth asking.

littlekipling · 31/08/2023 12:38

could you go back for 2-3 months then be off with work related stress until handing your notice in at 12 month mark? you'd likely be on unpaid sick leave being off so long so it's not fraudulent but remaining 'employed' until 12 months pass. it sounds like you'd be stressed to the eyeballs anyway so wouldn't be an entirely unreasonable thing...