Not returning to work after mat leave - question re accrued annual leave

[MoreCakeMoreCake]

I'm currently on maternity leave and considering resigning from my job.

My contract states that any Enhanced Maternity Pay has to be paid back if I don't return, but there is no returns period / minimum number of weeks given.

I will have accrued over a month's annual leave and need to give a month's notice when resigning.

My question is - if I give notice and take my annual leave as the notice period, will I be counted as "back at work" and not have to repay the EMP?

Or will they deduct any holiday pay I'm owed from the EMP I will owe them?

I'm reluctant to ask HR (even in confidence!) as they are notoriously shit at anything admin / payroll related and would probably end up telling my manager!

Anyone?

It might not say anything in your contract but I'd get hold of your maternity pay policy for the minimum period you need to return.

Sorry - I meant to say there's nothing in the policy that states a minimum period that I'd need to return for.

I'm just wondering whether taking annual leave counts as "returning" or not. It's so vague!

Check the mat policy. They won't write terms like that into your contract as they want to be able to change them more easily.

It could be argued either way, to be honest. You're not physically returning, but you would be put back on payroll for the annual leave.

Screen shot of relevant part of the policy...

You'll just have to suck it up and ask then I'm afraid, randoms on the internet can't answer that. It works in your favour if there is nothing official on paper as I cannot see how they could argue you need to do more than 'return' for your accrued leave. However unless it's a very small company I am sure they have or could establish a required period for you to work.

Sorry - I said contract when I should have said maternity leave policy.

That changes things - you must return for your notice period but taking this as annual leave (in line with your annual leave policy) would be acceptable without repaying EMP. They could decline your annual leave request and make you work the month but then you'd get paid your accrued leave.

I read that wording as meaning that you would need to 'return' for a month, but you could ask to use all your accrued leave for that. they could insist that you actually work but if they are that unreasonable they would probably have a longer tie-in period!

Thanks all!