Advice needed re repayment of ML money!!

[essexmumma]

Hi Everyone,

I am looking or some advice from you all if possible please?

I am currently on maternity leave that is is due to end next spring. I honestly thought I would be wanting to return to work at this time however since my baby came along things have changed dramatically. Due to a horrric birth I ended up geting a 4degree tear - this led to PTSD which includes in brief real issues with leaving my baby with anyone. I currently only trust my mother and husband 9 months down the line, so the thought of a childminder literally sends me into a panic. Yet this is our only option.

Therefore my question is:

My maternity policy from work states that if I dont return to work I must pay back the 6 months pay from them i recieved. However, due to my PTSD I dont think I can actually go back - my doctor would be willing to write to my employer regarding this. Does this give me any hope to clear off this moeny I should repay?

I imagine that if you are signed off sick then you would be "at work" for a period. Your reference from your employer might be a bit shit though.

Sorry, not legally no. Unless the policy has a carve out if you don't return due to ill health (which it is possible it does, but unlikely).

It might sway a sympathetic manager though, if they have any discretion.

Sorry for all the problems you've had.

Oh yes, if you returned to work and then were off sick, and were signed off for the full period you have to return that might work. But it depends. Many policies don't start the clock running until you are actually actively back. You'd have to check.

Are you planning to never return to work or to be signed off for a considerable period until you feel capeable of returning to work? If the later then i would imagine it should not affect you having to pay money back as effectively you are returning but signed off sick. You would need to check your employers terms to make sure of this. If you are not going to return to work i would imagine they may ask you to pay the money back although you could try and argue extenuating circumstances and ask for discretion on this.

Most policies say that you have to return for a specific period before being allowed to keep the money, 6 months or so. if you returned to work but were signed off for this period that may be a way around it but again you should check the details of your employers policy and with HR to make sure.

Are you receiving treatment for the PTSD? You still have a number of months before you are due to return and if your employer can see that you are being proactive in tackling your health problem they are more likely to be flexible regarding your return date.

Alternatively, might your employer allow you some unpaid leave / career break at the end of your maternity leave, with a view to returning when you are well enough.