paying back maternity pay if I get a new job?

[ginger2000]

hi - can anyone clarify for me:

I am currently on ML - I am a f-t teacher with a position of responsiblity. I am going back after Easter. For the summer term, i will just be covering my maternity covers timetable which is 3 days a week and not doing my responsibility role. From September, I am returning to my f-t role with responsibilty.

Now, I have seen a lovely job (a promotion) in a different school to start in Sept. If I went for it and got it, would I have to pay back my maternity pay even though i will have done 13 weeks back at school albeit it in a reduced capacity?

Any thoughts?

I wouldn't have thought so but I'd check with hr

What does your maternity policy/letter/contract say about paying back?

that's the problem - my contract doesn't say anything and there doesn't appear to be a maternity policy (the school is a foundation school which means it is not run by the LEA) as I wasn't able to be given one! Pay was worked out using the LEA as guidance so will refer to that.

just wondered if there was a standard practice or if it was specific to each individual/job

It's specific. SMP is standard you keep that regardless, but if your employer pays over and above it's up to them to set the terms and conditions.

Having said that, if you were not informed of any terms and conditions of maternity pay you received they would struggle to claim it back anyway - you need to have been told beforehand. If you have no maternity policy and were not told of any terms and conditions by letter, then they shouldn't be able to claim it back regardless of when you leave.

If they're using LEA guidlines to work out your materntiy pay (12 weeks of half pay?) then it's probably reasonable for them to use LEA guidlines for repayment as well. That would mean you'd have to return to your old job/hours for 13 weeks. I'd check with HR.

well- we don't have HR really - just the Head's PA who knows very little! (shounds a bit rubbish doesn't it!) Am reluctant to ask incase I don't end up applying and then I've shown my hand as it were!

Flowery - not that i would want it to go down this road but if i was not issued with a policy/terms and conditions etc, would I def have a case against them claiming it should they be able to?

Ta.

I would have thought so, yes.

So your school has nothing to do with the LEA? And as far as you are aware general LEA terms and conditions do not apply to you - it's all separate?

They can't make payments to you then impose terms and conditions on those payments after the event. If there are terms and conditions on extra maternity pay you must be notified of those before you get the money. Usually in a maternity policy or contract but also by letter. Your employer will have been required to write to you confirming your maternity leave and pay arrangements before you went on leave, so if they stated in that letter that you would receive x amount, they should also have stated what if any terms applied to that money.

My pay arrangements were explained to me by the finance person at school and I'm pretty sure it wasn't outlined in a letter to me. I think our school 'policy' just states it will follow the teachers burgundy book terms and conditions so will have a look at that. However, terms and conditions of pay definitely haven't been made explicit to me.

Thanks!

I'd have thought if you have been back for 13 weeks which you would be - and the holidays as well they would really stuggle to claim it back - I don't think what role you have been doing would make a difference.
why don't you ring your local LEA and ask what they would do in those circumstance