Enhanced maternity pay and clawback

[HB28]

I work for a small company (10ppl in London). Until recently when a colleague got pregnant we didn't have a maternity policy. Luckily the new policy gives enhanced maternity pay based on years or service and I've been there over a decade. I've worked out I'll get approx 15weeks full pay followed by SMP. However there is also a clawback clause. I know these are relatively common, but this one is a year. Pay back 100% if don't return, 75% if return 3-6 months.

I do fully intend to return, albeit not the full 5 days a week to start with, but my life will be very different after I return to work, the company may be different too! It just feels like it's a long time to commit to having to pay back tens of thousands of pounds.

I guess my question is, are year long clawbacks common and do you think it's worth trying to negotiate (I don't want them to think I'm not planning on coming back as that's not true).

I think it’s unreasonable to try and negotiate. Why should a small company with only ten people subsidise your potential lifestyle.? They aren’t a charity. I would also negotiate the maternity pay on the basis of the fact that you will return for only 4 days. They will adjust it accordingly. If they pay maternity for 5 days and you return for four you will have to pay back the difference.

Yeah they're common - where I work you pay back 100% if you leave within 6 months of returning and 50% if you leave between 6-12 months of returning

Do they have an external HR consultant? If so, ask advice from them. It's unlikely they know the full legal stance on this (I had experience where I was in a business the same size as yours, they had no policy on this, I got pregnant, I had to work everything out myself) so definitely worth asking ACAS on your rights.
Visit https://pregnantthenscrewed.com which has advise on your rights too.
Don't forget, you will only need to pay back any enhancement (not SMP as they get paid part of your pay this from the government). If you leave you will also be paid for any holiday you haven't taken but have accrued (in theory 1 year of holiday) which you are entitled to receive - so this will also come off what you could owe.

Also they need to look into the reason you leave - if they can't offer you the same job, if the company has changed dramatically and you can no longer work there due this, you have a reasonable reason to leave, and there should be no obligation to pay anything back (this could be discrimination) - but check this for the specifics and put EVERYTHING in writing - you will need evidence that this is the case.

ACAS pages - https://www.citizensadvice.org.uk/work/maternity-and-parental-rights/check-your-maternity-and-parental-rights/maternity-leave-and-pay/maternity-leave-your-options-when-it-ends/#:~:text=You%20won't%20need%20to,if%20you're%20not%20sure.