Paying back optional contractual benefits after maternity leave.

[Rapha]

After some advice. We have a flex benefits scheme at work some benefits are core eg pension , car allowance. Others are optional e.g. Dental. We can choose once a year. I met with HR advisor last week and was advised company will continue to pay core benefits whilst I am on maternity leave. They will also pay for optional ones whilst I am off but when I return I will have to repay them. Does anyone know if this is legal? My understanding is that all benefits should continue to be paid for by company whilst employee is on maternity leave but I have not heard about having to pay optional ones back before! Thanks in advance.

If the optional ones are part of a remuneration package they should be honoured. If you pay extra for them , no deductions can be made during ml but not sure if they can be put in account to repay later.

Are the optional ones part of a salary sacrifice scheme? If so the company cannot insist that you repay. That goes against the principle of salary sacrifice. If they continue down this route refer the matter to HMRC.

Hi thanks for the replies. Bridge - yes they are part of a salary sacrifice scheme. I will raise it with them see what is said.