Paying back childcare vouchers after maternity leave has ended

[Rapha]

Hi, does anyone know if legally a company can do this? I am entitled to claim the vouchers while I am on maternity leave but have been told by my HR department that I will have to pay the monetary value back when I return to work. Any ideas?

No, they can't. You are entitled to all your benefits while on maternity leave as normal, including childcare vouchers.

If you are getting enhanced maternity pay then you can be asked to return to work for a period of time or else have to repay the enhanced element. But nothing can be deducted or required to be repaid from statutory maternity pay and you continue to be entitled to all benefits.

Thanks Sarah. Is there any legislation, directive , guideline or case law on this? When I approach HR to discuss It would be great to have this . Tia

This thread is on back to work and has lots of useful advice

www.mumsnet.com/Talk/employment_issues/2355250-Childcare-Vouchers

www.gov.uk/statutory-maternity-pay-employee-circumstances-that-affect-payment#non-cash-payments-and-contractual-benefits

This is HMRC saying clearly that employers must continue to pay non-cash benefits, including childcare vouchers, during statutory maternity leave. This would mean claiming the value of vouchers back after statutory maternity leave would be an unlawful deduction.

Just to confirm again, that's for statutory leave and pay. If your employer pays additional maternity pay they are entitled to make stipulations about repayment in particular conditions, or to make deductions, as long as that doesn't mean your pay falls below the statutory element.

Thanks for the links and advice