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Original poster

Anyone knowledgable about NHS maternity policy and not returning to work?

23 replies

ohdoublebother · 07/10/2014 17:44

I'm near the end of my mat leave and it looks like I won't be able to go back to my old job(and brilliant flexible hours).
Thinking about not going back now and HR have told me that I have to take my accrued annual leave in one block after my mat leave and then work 3 more months or otherwise I have to pay back the occupational part of my mat pay.
I thought the accrued annual leave would count as being back to work and I would have to do 3 months from the end of my mat leave?
I have checked with the union advisor who shares my view and checked the mat leave policy with says nothing about annual leave not counting in the 3 months.
Does anyone know how this is normally handled and if the HR person is wrong? hopeful

OP posts:

flowery · 07/10/2014 17:49

Can you post the exact wording of the policy?

Original poster

ohdoublebother · 07/10/2014 18:34

The whole policy? Don't want to out myself!
The only section that deals with not returning to work says this:
If an employee does not intend to return to work, with the same or different NHS employer within 15 months of the beginning of her maternity leave she will be liable to refund the whole of her occupational maternity pay, less any Statutory Maternity Pay received.

And the form I signed when I started mat leave says:
I certify that I have read and understood the conditions relating to Maternity Leave and Pay as stated in the letter, and that the dates and information I state above are, to the best of my knowledge, correct. I also certify that it is my intention to return to work, after my maternity leave, for at least three months, and I understand that if I do not do so the monies paid to me under the Agenda for Change Maternity Leave and Pay Policy as detailed above, in respect of my Maternity Leave, will be recovered.

Doesn't mention anything about annual leave not being part of the 3 months.

OP posts:

flowery · 07/10/2014 19:47

Don't think you'd out yourself by posting NHS maternity policy wording. There's quite a few people that would apply to!

I've just googled AfC myself. I am surprised there is no definition of what "return to work" means in the context of enhanced maternity pay. I would have expected it to be clear whether absences other than maternity leave count for those purposes as returning to work. What about sickness absence, for example?

I think it could be interpreted either way and your best bet is finding out what they've done previously. I would think your union ought to be a good place to find that out, as surely they've had several gazillion members go on maternity leave since AfC came in.

LadyRubyPenhaligon · 07/10/2014 19:51

The accrued annual leave does count as being back at work. You would then have the option of returning for the remainder of the 3 calendar months during which time you will accrue further leave. After 2 calendar months you can hand in your notice.

workingtitle · 07/10/2014 20:38

The accrued leave should definitely count. There are two return dates - the date you go back on payroll/'officially' return, and the date you physically return (having used whatever annual leave you want to). I guess the only issue is that if you leave mid way through the annual leave period you need to adjust to the date you'll be leaving?

Original poster

ohdoublebother · 07/10/2014 20:53

Thank you everyone! That sounds hopeful. I was thinking I could come back on reduced hours and then the annual leave would stretch to cover most of the 3 months. I really don't want to leave but it is highly unlikely I will get the same hours/days I need to cover childcare. In that case I have to get through the 3 months and then resign.

Now how do I convince HR they have it wrong? Is this written anywhere?

OP posts:

Up2nogood · 07/10/2014 20:57

I work in the nhs. TBH i don't know our organisations definition of this but your maternity leave ends when it ends. If you have 3 months of annual leave then you take it when you have 'RETURNED TO WORK' .....otherwise you'd still be on maternity leave....!!! Doh! If they are not explicit about needing to actually be in work for 3 months (not including leave) then they cannot enforce this.

Yes, and so as LadyRuby says, hand in your notice as late as possible. So after 2 months of annual leave if you are on 1 months notice or as you start it if you are on 3 months notice. Or, if you HAVE to go back to work, go in for a day or two, then start your leave. Or work 1 day a week.....they'll LOVE that!!!

Happyringo · 08/10/2014 19:59

I was in this situation with NHS last year. My Mat Leave ended in March. I had requested to tag my accrued annual leave onto my Mat Leave so although I wasn't physically at work, I was classed as returned to work in March. So I didn't have to actually work 3 months at all, I handed my notice in and left in June, having not physically worked for 3 months, with no payback of any maternity pay required. Your HR person was talking rubbish - escalate it to someone higher!

MyNameIsFled · 09/10/2014 23:09

As an aside, if you are going to another nhs post you don't have to repay as it's considered continuous nhs service.

Original poster

ohdoublebother · 10/10/2014 21:44

Well, HR still insisting they are right. Said it wasn't written in the policy but 'this is what we do here'. Haha. Make it up as we go along.
To the union I go then.
Grrr...

OP posts:

Christinetink · 23/09/2021 21:38

Not sure if anyone will read this comment on such an old thread but I was wondering how this worked out for OP? I am in identical situation and have a 3 month notice period but don't want to even approach HR while on mat leave in case this invalidates the 'intention to return to work'!

bobsi82 · 28/09/2021 14:59

Hi, have you got any updates?
I am in the same situation, my ML finished and I am on AL the whole September, I was wondering if that one month counts like returning to work as I am planning to resign, so wondering how long do I have to work for? 2 or 3 months? Thank you

Christinetink · 28/09/2021 15:45

I don’t have any updates I’m afraid, still trying to find out! It’s difficult as I don’t want to ask hr in case that shows I don’t “intend to return” 🤣 please do come back and let me know if you find out! Frustrating that it’s not clear in maternity policy documents!

bobsi82 · 28/09/2021 16:02

Hi, I asked HR so waiting for their answer, I am planning to resign anyway as I will be joining the Uni in January.
I will let you know for their reply

ClaraLane · 28/09/2021 16:09

NHS staff admin here - Annual leave post-maternity leave counts as part of your notice period provided you hand in your notice while on maternity leave/before your annual leave starts. Also if you leave the NHS and move to a different post within the NHS (same or different hospital) then you don’t need to pay your OMP back.

Also you could end up being signed off sick following the end of your maternity leave and while your notice is working itself out so you wouldn’t have to physically return to work. Not that I’ve ever seen this happen

ClaraLane · 28/09/2021 16:14

Oooh ooh, another way round it that I’ve definitely not seen happen is when ladies return to work on super reduced hours so maybe one or two shifts a week for 3 months and then resign rather than returning on their normal work pattern.

Christinetink · 28/09/2021 17:17

Hi Claralane, thanks for weighing in, great to hear from someone in the know! So I was under the impression that if you’re leaving the nhs and aren’t planning to return for 3 months then you have to pay back occupational mat pay. If your notice period is also 3 months and you hand in notice while on mat leave, would this count as not planning to return for 3 months? Or should I hand on notice while on annual leave before returning, or after I physically return after annual leave? Thanks!

ClaraLane · 28/09/2021 22:26

@Christinetink

No you can hand it in while you’re on maternity leave and say you’ll be leaving 3 months from the end of your maternity leave. Then say you’re owed 6 weeks of annual leave you’d take that 6 weeks straight after maternity leave ended and then come back to work for 6/7 weeks. Does that make sense?

Vanene · 16/02/2022 16:46

Hi. I am ending my maternity leave end of March. But I am already working my way to a new employer (still with NHS). Probably I'll start working by April with the new Trust. I still have my 6 weeks annual leave unused because of the shielding and mat leave for 2021 to 2022. Say, I could use my annual leave right after Mat leave, don't I have to pay them because I used all the maternity leave I accrued?

WutheringHeights66 · 17/02/2022 06:44

I don’t work for the NHS but a massive organisation. I came back one day then went off on leave immediately after to use my accrued leave. Could you Do that?

CatandThings · 19/07/2022 17:14

Bumping this as I am in same position. Really do not enjoy my job. I’ve read somewhere that if paying back the money will cause distress then the trust can waive it. Anyone know?

CLB1708 · 27/07/2022 08:25

I’m currently on Mat leave from my NHS job. i am returning to work in January after using my annual leave (dec-January). Does anyone know if I have to return to this particular role or if I can get another job in the nhs without having to do the 3 months after Mat leave in my original role? Sorry if that’s confusing. My current job isn’t near my home and with a young baby I could do with getting a job closer to home.
thank you

MumofPsalm · 14/07/2024 04:28

I have a question, I am on the same boat as you are. However, NHS did not pay me Occupational mat pay cause I’m just 2 mos working with them when I got pregnant.
i only received Mat allowance from government (700£ something per month).
I would like to resign and not come back to work after my mat leave and annual leaves end.
Am I still obliged to work for 3 mos so I won’t need to pay them back?
i have read that I should not pay anything cause I did not received any Occupational mat pay.

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