Not returning - will I need to pay back enhanced maternity pay?

[carebear83]

Hello, I'm looking for some advice about my options regarding my planned return to work and hoping someone can help me...

My work offers a maternity package above SMP and I have been taking this pay. The understanding is that I need to return to work for 3 months (or 3m pro rata if I go back part time). We work on fixed term contracts so if they choose not to renew my contract, I do not need to pay anything back.

I was full time before I went on mat leave last summer. Contract due for renewal in March and I am told they will renew it but they only have funds for 3 days a week. I want/need a full time job so am looking elsewhere. It strikes me as hugely unfair of them to ask me to pay my mat pay back if I find a new job as they didn't give me my full hours so I don't think it's unreasonable to job hunt. But I wondered if anyone knows how I stand legally if I choose not to go back? Will I still need to pay the money or have they negated that clause by not fully renewing my contract?

Any help gratefully received! X

I thought they had to offer you a position on the equivalent terms and conditions , if not aren't the obliged to make you redundant . Although on a fixed term contract that may not mean much other than no renewal.

Oh I don't know. I was coming on to say that as I didn't return I did have to pay back my enhanced bit. Not sure where you stand on them changing your hours. In a permanent post they'd be breaking the law but as your contract is up for renewal I'm not sure. Hope someone else can offer more help. Good luck !

I'm not sure either. I know there is a difference in their obligations if you return to work before (from memory) 6 months than between 6 and 12 months. Are there any government websites offering advice on this?

Thank you all very much - I've been there for over 5 years which I believe gives me the rights of a permanent employee in many cases so hopefully it is a case of not being offered the equivalent job, I will definitely use that argument anyway!

Thanks again x

It's my understanding that you have to work the 3 months or else you owe them the enhanced bit back. That's how it is in my work.

Employment issues has some really knowledgable posters, maybe someone there would know.

Yes I think they will have to make you redundant, which will hopefully cover the enhanced mat pay?

I had similar with a ftc but got made redundant at the start of mat leave and my pay off was similar to what the enhanced mat pay would have been so I felt it all worked out ok in the end ( as like you I would have gone back if the right job was there )