Teachers maternity pay back

[FTMaz]

Hi all

not sure where else to post this so please let me know if there is a more appropriate thread.

due to a change in circumstances I have been unable to return to work following my maternity leave. I am a teacher and required to return for 16 weeks or liable to pay back part of the money paid. I have seen a forum for teachers about accrued holiday during maternity pay for teachers and that this should be deducted from the final amount owing. Does anyone have any more information about this? I am based in England and can only find guidance that mentions it for Scotland. Thank you.

Linking an old post to this if helpful:

www.mumsnet.com/talk/work/4968719-accruing-holiday-as-a-teacher-on-maternity-leave?utm_campaign=thread&utm_medium=share

Hi
thank you, I saw something that said it had changed in 2024, there doesn’t seem to be much help out there!

Unfortunately you don't accrue holiday as a teacher.

Instead, you need to exploit the shared parental leave loophole. Apply for shared parental leave (there are various guides online) and "go back to work" during the school holidays, which gives you full pay. Note as well despite the named of shared parental leave, only one parent needs to take it!

Hi
unfortunately it’s too late for me to do that now. What actually happens if you refuse to pay back the amount they say you owe?

If you’ve taken the full 12 months off then you will have accused the statutory minimum of 5.6 weeks holiday pay. Teachers don’t usually get this but you do if you’re leaving without returning. The 5.6 weeks can be put against the 13 weeks that you owe (not 16). Normal notice periods apply so you can only leave end of December (notice by end of October), end of April (notice by end of February) or end of August (notice by end of May). They can pursue you for the money owed. You do owe the money if you don’t return.

Is this the case if the school only offers basic statutory maternity pay?

@Teacherprebaby no, you don't pay back SMP. It is any enhanced payments that have to paid back if you don't return.

I am going by regular burgundy book schools. But in any job you take the full 12 months you would accrue the minimum of 5.6 weeks holiday. You have nothing to pay back if you only take statutory maternity pay.

You could set the ££ aside and see whether they invoice you and then ask the question around an offset or waiver...it depends whether you're comfortable taking that approach.

Hi
I’ve already received an invoice which is stating the whole amount must be paid in one go. I have asked them about a waiver considering I handed in my notice early so they would recruit, was refused a return on part time grounds and also went in on my maternity leave for Ofsted (I am SLT) the trust have refused and are now demanding the payment. I suppose I feel I am being treated quite harshly and would like to know what I can actually do? Is there any way to fight it?

Well, they could persue the debt in court.

You should be able to negotiate a payment plan, but yes they could pursue it as its contractual.

What have the union said? Presumably they are involved.

If you have resigned before 16 weeks return and taken OMP you will need to pay OMP back.