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Original poster

Has anyone not gone back to work after maternity leave and tried to negotiate what they had to pay back to their employer?

18 replies

MrsFogi · 05/10/2006 16:28

I have an agreement where if I don't go back I have to pay back any money (gross) paid to me by my company (apart from smp) and now I really don't want to go back. Would love to type more info but mn never works for me when my message is more than 4 lines long!

OP posts:

GarfieldsGirl · 05/10/2006 19:42

Hi, I'm not 100% on this, but I'm pretty certain they're not allowed to do this. I'm thinking back to all the stuff I did at college on maternity rights and I seem to remember similar scenarios being brought up (the lads all thought it very unfair that you could get time off work, get paid for it and leave on a whim!!!). IIRC if you decide to leave after your maternity leave has ended, then they cannot make you pay that money back. Its all part of your contract.

I'm not surprised you don't want to go back if thats how they treat you. I think your best bet will be to go to the CAB.

abusybee · 05/10/2006 19:47

my company leave policy says something like... if you don't come back for 6 months they have the right to ask you to pay back any extra over the smp they gave you. though I am pretty sure they never have....

wagglefullmoondancer · 05/10/2006 19:56

I work for the NHS and their policy is that you need to return to work for 3 months or pay back any sum above SMP, cos that is sort of voluntary contribution on their part. I was considering my options and checked with HR about accumulated leave, and they said this counted towards being back at work. Not 100% sure but this could be the same for you, so you could return for a short time or owe them less.

Original poster

MrsFogi · 05/10/2006 20:00

Tx, my co gets you to sign an agreement to pay bk before you go on maternity leave - so the choice is smp only or sign an agreement to pay back if you don't go back. I think they can do it all though I'm not sure they can ask for it back gross when I've been paid net.

OP posts:

Pixiefish · 05/10/2006 20:29

GarfieldsGirl- any employer can ask for the mat pay above the smp back if you don't go back. It's generally outlined when you get your mat leave package.

My work offered to pay basic smp and then the mat pay as a lump sum when i went back or pay mat pay during the leave. The first option was incase i decided not to go back then there'd be nothing to pay.

All you can do is ask them. They can say yes or no.

Do you belong to a union? Try to get their advice

geogteach · 05/10/2006 20:32

I worked about 7 weeks combined with holiday to get round this. Even with childcare for 3 children this worked out hugely to my benefit.

Pixiefish · 05/10/2006 20:34

geogteach- when i went back i gave the start of the summer hols as my return to work date but couldn't actually go back till 2nd sept (teacher) so this knocked 6 weeks off my return to work time as well

Original poster

MrsFogi · 05/10/2006 20:58

I have to go back for a whole year or pay back pro rata so even knocking off accrued leave I'd end up paying back unless I manage to persuade them otherwise. Has anyone persuaded their employer otherwise?

OP posts:

sfxmum · 05/10/2006 21:11

i asked about this for various reasons i will not go into now. was told/explained i had to pay back just over 5 thousand(was on mat leave for12m)
i went back to work for 3 months instead to fullfil the contractual obligation then left

Pixiefish · 05/10/2006 21:50

I'd check the year bit mrs Fogi.

I had to go back for 13 weeks- can't see how they can make you go back for a year

Original poster

MrsFogi · 05/10/2006 21:59

It's a year because I've taken a year off, for every month I take off I have to go back for a month. Although the last three months have not been paid they'd still pro rata on the basis of 12 mths, hope that makes sense!

OP posts:

Pixiefish · 05/10/2006 22:01

I really would check that out MRSF- I took the 6 months offered and an extra month and my rates of payback were the same money cos I wasn't paid for the extra time

kickassangel · 05/10/2006 22:47

very surprised by what garfield's girl said. i thought you had to go back for 13 weeks full time, or you owe them the money - after all you've effectively left their employment, so why should you be paid? anyone else, male or female, who left work, wouldn't get paid, so it's discrimination to make a separate case for mothers. if you go back part time, you have the 13 week period pro-rata-ed UP, before you are safe from having to pay back.
not an hr person, just been through it myself, and we have a constant stream of babies at work, so currently a hot topic.

TheBlonde · 05/10/2006 23:00

It depends entirely on your contract and what it says

Mine was such that I didn't have to pay back the money over and above SMP
Another friend who teaches had to return for a set period or pay back some money

Twohoots · 05/10/2006 23:04

I didn't go back and owed the company the 6 months less SMP (actually took a year off but as the last 6 mths were unpaid, nothing to pay back). I accrued a lot of holiday whilst off so in the end they said I could use my holiday in lieu of going back (I would have had to go back for one calendar month). I had to sign to say I was happy with this arrangement before I went on mat leave btw.

Turned out I would have had to go back to work for 2 days over and above the holiday I had - which wasn't worth their while (as I would have had to do fire inductions etc all again as I'd been away for 1 year).

You do normally have to pay it back gross and then reclaim the tax refund from the Inland Revenue with is a PITA.

Hope you get it sorted MrsFogi. You haven't said how long you've been off but if it is 1 yr then you are entitled to at least 20 days holiday as well as any public holidays that have happened while you have been off (statutory EU ruling thingy) and therefore you could take this off what you owe them - might not seem as bad then?

Philomena · 09/10/2006 17:52

Of course, some people tell their employers that they've returned to work then get a med cet and stay off sick for the duration. Possibly with something like PND.

Not that I'd suggest doing this, obviously.

Saz73 · 10/10/2006 07:30

I;ve just been/going through this with my ex employer. I got extra maternity pay but in my contract it stated that I have to return back to work for 12 mths. I only returned back for 7 mths. Was shocked when I got a letter asking for a percentage of this back. I took legal advice and was told as I had signed a contract of employment I was legally binded to repay this. I was also told that they can claim this back within a 6 yr period as well. So if they don't ask for it back straight away, 3 yrs down the line they can still ask for it. Hope this makes sense

ProfYaffle · 10/10/2006 08:10

Saz is right. Exact terms depend on your contract, eg the company I last worked in (in HR) stated you had to return for a minimum period but didn't specify how many hours so in theory you could return for one day per week. You can also try and get signed off sick but that would be difficult for a whole year! tbh the best you can hope for is to negotiate a reasonable repayment term.

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