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What if I don't go back?

5 replies

lisakell · 10/01/2012 14:19

Hi
My maternity leave starts in 8 weeks time and I thought that due to the short length of time I've been in my current job I wouldn't get any Materity pay but would have to claim MA. I've now been informed that I am eligible for maternity pay - not sure why, I asked them to double check and they said that they are paying me. My problem is this - when I thought I would be on MA I felt as though I had a lot of flexibility in deciding whether to return to work or not. I like my job but don't want to work full time and honestly don't believe its a job that I could do justice to part time (I have a colleague who returned PT after mat leave and she gets all of the jobs no-one else can be bothered to do). By receiveing paid maternity leave am I right in thinking that if I don't go back to work I will owe some of the money paid back to the company? If thats the case how does it work? If anyone has been in this position I would appreciate any advice.

OP posts:
Grevling · 10/01/2012 14:49

Depends if its SMP or anything more given by the company. How much are they paying you?

lisakell · 10/01/2012 15:40

I'm getting 90% pay for 6 weeks weeks followed by 33 weeks SMP - does that make a difference?

OP posts:
IslaDoit · 10/01/2012 15:43

It sounds like you're getting Statutory Maternity Pay (SMP) not occupational maternity pay.

If that is the case then you can't be asked to pay it back. Only occupational maternity pay has to be paid back and that is only if the terms and conditions under which it is paid says you must return to work to be eligible.

Basically if you were not pregnant when you joined the organisation and you earn enough then you would be eligible for SMP. See here for details: www.direct.gov.uk/en/MoneyTaxAndBenefits/BenefitsTaxCreditsAndOtherSupport/Expectingorbringingupchildren/DG_10018741

hairytaleofnewyork · 10/01/2012 17:29

Isla is right - you don't have to pay back SMP

lisakell · 13/01/2012 22:41

Thanks
I'm finding the whole thing very confusing as I was 4 weeks pregnant when I started working there so expected to be claiming MA - no problem. Now they have said I will get SMP so its thrown me off a little. Hopefully nothing to pay back, I'll keep my fingers crossed

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