Paying Back Occupation Maternity Pay - Any Experts?

[tinysleepy]

I had this post in money/legal, but no response so thought I would copy it here.
Is that OK?

Hi

Apologies for the long post...
I used to work for my Local Authority and when I was pregnant with my son, thought I would be going back to work at the end of maternity leave and, therefore, took occupational maternity leave.

In the end, I did not go back - I had a premature baby, having had three miscarriages and a husband who had recently had spinal surgery. Also, my mum who were due to look after DS when I went back were nowhere near as reliable or interested as I had hoped in terms of childcare

This was last year and they have finally just sent a letter outlining what I need to repay. Its thousands of pounds (my salary was reasonably high before I left).
In addition they started paying my salary even though I didn't go back, so they are now trying to claw that overpayment back too.
Incidentally, I informed them of all the above at the right time, so they have really dragged their heels getting in touch to sort this out.

The total I now need to pay is huge and I have no way of paying back the lump sum. I have recently started doing some freelance work now DS is older (15 months). My husband earns a decent salary, but after all our outgoings we have sod all left at the end of the month.

My questions are:
Are there any unknown, magical justifications to get out of paying some of it back?
Do I have to include my husbands salary when trying to negotiate paying back by installments?
Has anyone else had to pay back OMP for a Local Authority and if so, what level of monthly payments have they allowed?
Any other advice?

Thanks for you advice

I am not saying she has a right to it. What I am saying is she has mitigating circumstances which if this got to court would be taken into consideration, so I am advising the op to negotiate with her former employer

Another grey are the salary payments. If they were made following her resignation then the payments were not made within a contract of employment. Op you could also use this to help with negotiations.

Missing it's not that uncommon employers don't chase overpayments. In my (and my DP's) experience they usually try and ask foIr the money back, if that doesnt work it's cheaper to let the debt go rather than go through the expense of trying I claw it back.

There are no mitigating circumstances. Not one. She took the money which formed a contract with terms she accepted when she received the money. She is not able to meet her obligations so she has broken the contract and has to return they money.

Nobody has to take OMP. If in doubt about returning people can opt to just take SMP or put the money into an account so it can be easily returned. Obviously it's too late for the op to do that but we might as well get the correct information and best suggestions on the thread in case anyone is reading that may find it useful.

The overpayment was an error. Everyone makes errors at some point. That doesn't mean someone else should unfairly profit from that.

I think the op has behaved honourably in accepting it is her debt and arranging to pay it back. Just in case there was any doubt.

Katie what is your problem??

If you want to have a dig just come out and say it.

Op - I am basing what I say upon the experiences I have had (and my DP) whilst working within Payroll and dealing with overpayments made to employees.

I am trying to point out the errors and mistakes made and anything that might work in your favour. Because maybe, just maybe your former employer won't play fair (and in my experience a lot don't) so to not let you go into this with rose tinted glasses on.

What happens if the employer demands all of the money back, in one payment, no negotiations???

Oh grow up. If you don't like other people having opinions either keep quiet or challenge them politely.

I couldn't care less if you agree with me.

I will not stand by and allow anyone to take sly and underhand comments simply because you don't agree with me.

Why don't you explain exactly what you meant by your last paragraph in your post on Wednesday at 9.45?

Ok I don't know what issues you have but I suggest you get some help with them. I have merely disagreed with you. There was no dig, nothing sly or underhand - I have blatantly stated a different opinion. That's all. I'm sorry if you don't like that but that's your issue not mine. I had no problem with you but your continuing paranoia and picking at me is getting very boring. Please stop it.

Well, as far as the occupational maternity goes, in my experience you sign a form saying you understand the terms and conditions of the extra pay and you will have to pay it back if you don't return, so thats kind hard cheese really, my local authority state you have to return for 12 weeks, only they don't state you have to do the same hours so apparently its perfectly legal to offer an hour a week for 12 weeks, though HR would probably refuse these hours and just let it go so i've been told :)
Re the overpayment, i'm really surprised they didn't stop that after a call, i know my HR would !!