Employer wants me to pay back the cost of my childcare vouchers I received on mat leave

[nosmokewithoutfire]

Is this legal? Can they do this? I think it may be an unlawful deduction?

Did you quit your job after taking maternity leave before the set period was up?

I think it also depends on the terms of your maternity package. Were the vouchers for another child?

I am not an expert but I think they have to give you the vouchers whilst on leave, and I think they can not ask you pay them back. Someone will hopefully be along who is more knowledgable than i am on the subject.

There is some info here: www.hmrc.gov.uk/employers/sml-salary-sacrifice.pdf

But, I think the entitlement might apply only to SMP.

Also have a look at this thread.

No, they can't. You are entitled to all your contractual benefits whilst on leave, including child care vouchers.

Thanks for all your comments.
I've been in the scheme since returning to work after my first child, so April 2008. I have not quit my job yet but very tempted (that's another story!)I have already pointed out the HMRC guidance to them, hence why they reluctantly continued to provide the vouchers when I went on to SMP and even now when I get no income (post 39 weeks) but there doesn't seem to be anything in the HMRC guidance about whether they can make me pay them back on my return to work.
I have now spoken to Working Families who I recommend for anyone who needs free legal advice. They told me that technically it would be an unlawful deduction but the law is still untested on this. They advised me to think very carefully about whether I wanted to take this to a tribunal bearing in mind, it would take about 18 months and be extremely stressful and as a tribunal is public would be likely to class me as a trouble maker with my own employer and future employers.
So I've decided I'm going to broach it with my employer and see what they say...