paying back maternity pay & post natal depression

[sam27]

I do not want to go back to work but will have to pay back some money if I don't. (The maternity pay which was above the statutory amount....I think it will be about £1000 to £1800 but work have not confirmed how much yet) The trouble is I can't afford to pay them anything! I have had post natal depression and am beginning to wonder whether I should just get signed off sick for a month and use that money to pay them back or get signed off for 3 months then I wont have to pay them back at all! I don't really want to do this but not sure how to handle it. It seems unfair that I have to pay back the money when I'm partly not going back due to illness.

Anyone with any similar experiences?

If you are suffering PND then you are medically not fit to go back to work and shouldn't feel guilty about getting your doctor to sign you off for as long as you need imo. Hope you are feeling better soon x

Here here - get your doctor to sign you off - it is not your fault that you are unable to go back to work and don't feel the least bit guilty.

Its actually v hard for them to enforce the pay-back clause - has anyone else left during the payback period before? if so could you contact them and see if they paid it back? if not then they have no leg on which to stand acc my lawyer

But I'd put your health first - get the GP to sign you off and take some time for yourself. Work can always wait.

Agree - your health should come before work - go to the doctors and get signed off. Take the time to get better. If you don't it will keep re-occuring.
Although I have not had PND, I have had depression and refused to accept that I needed time off work. A year later I had a re-occurance and had to take 4 months off - the doctors and my specialists said that it would have been les.s if I had dealt with it a year previously

Thanks for the advice. The thing is I have struggled to accept that I have PND. For some reason I just kept saying I'm not depressed the doctors don't know what they're talking about! My doctor prescribed me ADs but I didn't take them and took a stubborn approach of I can do it myself! (I have taken ADs in the past so I'm not sure why I got so upset about it this time! Maybe because I'm a mum now?!)

Because of all this Im not sure what has been written in my medical notes by my last doctor (who was an idiot!) and as I am now at a totally different surgery and have been feeling much better in myself (mainly since I decided not to return to work and have been forcing myself to attend groups, meet people etc) I don't even know if they would sign me off.

I wouldn't know how to start the subject with a new doctor....hey I dont feel great still will you sign me off?!

This has all been made worse by my boss whose reaction to me wanting to do flexi-time was that it would give me too much freedom.....is that not the point?!!!

I know that I could put in a case for flexi working and they probably couldn't refuse but I just can't be bothered with it, I didn't like the job enough.

So sorry to waffle on, I know everyone must have their own problems and I just sound like such a moaner today!

It would be good to hear from anyone who has paid maternity pay back or not returned to work because of PND.

How long have you been off? You can take up to 52 weeks maternity leave- 26 weeks additional unpaid maternity leave on top of the ordinary maternity leave of 26 weeks. Have you taken this yet? if not i suggest that you do to give yourself a little bit of breathing space. I was also in a similar position of not wanting to go back to work. Didn't want to leave dd with a childminder. The union told me that it was up to my employer whether they enforced the maternity leave payback (mine would have). I've managed to negotiate that I'm going back 2 days a week (leaving dd with my mum)so the payback period is longer (until Christmas).
Sorry to give you bad news but my union told me that sick leave would not count against this payback period as I had thought of going back for 1 day and then going off- I was desperate! Is there anyone you can talk to in Human resources or a union to give you your options.
One thing I can say is that if you haven't got the money they can't take it off you can they! Hope I'm not too much of a prophet of doom- don't mean to be. What sector do you work in- that might give us an idea of your options.
If you're going to see your doctor don't worry about them refusing to sign you off- they won't- PND is serious and they know it. Hope these options help

I am about to finish the 52 weeks. I just thought that I could use the sick pay to pay back the money I would owe. Either that or my DP could take two weeks off and I could go into work for that period to get some money to pay them back with! (I think maybe I could manage this but not sure if it would help my health situation!)

I work for a university as administrator. They have a 3 month return to work policy. I think it states that if you are signed off after maternity leave you will get sick pay according to your contract.

The whole situation just seems so ridiculous. I did originally start to think about two days but my mum couldn't do the childcare in the end and my boss was making it obvious that she wasn't happy about flexi time etc so I decided I would rather walk away and do them a favour!! (and me too!..... its been driving me crazy for a whole year now!!)

I'm in education as well- secondary teacher. Spose we've got the same/similar union. I'd phoen your HR dept as mine were brilliant and gave me my options. The union did say that I couldn't pull a sickie till I'd done the 13 weeks- even though I'd get the sick pay the time wouldn't count towards paying back the Mat pay- that's what you must be careful of. having said that if you're ill you must get signed off- just be careful that you're don't still owe them the time.
regarding working flexi- tough if your boss doesn't like it- while you're on maternity leave you've got a really strong case and your employer has to have specific grounds to refuse you. Will try to find the web site and post the address for you

This is off my union website regarding flexible working:
"This is a new facility for parents of children under the age of 6 (or parents of disabled children under the age of 18) to request a variation in their contract to enable them to cope more easily with childcare responsibilities. The right is not an automatic right to flexible working but the right to request to work flexibly.

To be eligible the employees must have been employed by the same employer continuously for at least 26 weeks at the date of application.

Eligible employees will be able to request:

Reduced hours
A change to the times when they are required to work
To work from home.
An employee will need to set out the working pattern that they wish to adopt and explain the effect that they envisage it will have on their employer, including how it might be accommodated. The employer will then have to arrange to meet the employee to discuss the request within 28 days. The employer will, within 14 days, notify the employee of their decision in writing.

The employer has a duty to consider requests seriously and will be able to refuse a request only where there is a clear business reason, as defined in legislation.

The employee has a right of appeal and could make an application to an employment tribunal if the employer has breached the regulations."

Thanks mamerin. I'll wait and see how much money they say I need to pay back and take it from there. I would push for two days a week with flexi time but I don't think I am going to be able to find any childcare I'll be happy with until he is a bit older.

It would be good if I had a friend with baby who was also going to go back two days and we could look after each others babies on the other two days. Anyone do this? Any blindingly obvious problems Im missing with this situation?!

an appeal to your personnel manager is out of the question is it? Try it. Tell them that you really don't feel that you can leave baby- especially in view of recent programmes on telly. Also tell them that you're not in a position to pay back the money even though you really want to. I'd visit the Citizens Advice Bureau for help with the request. At the end of the day remember your health and the welfare of your baby is the most important thing. If you haven't got the money to pay back then they can't take it off you can they.
You could end up in a position where you're off sick for maybe 4 years and then go back and do your maternity 'payback' in 4 years?????????? when baby is in school. Have you thought of that? that thought just came to me . Anyway, all the best, hope you get what you want

I am in education and considered not going back. My bil is an employment lawyer and said as you are breaking the contract they can sue you for the extra maternity pay, the cost of cover until you are replaced and their legal fees.

Isn't that the worst case scenario though. Some sympathetic employers wouldn't bother- especially as it's only a couple of thousand. I'd go to CAB if I were you Sam

You ONLY have to pay back extra maternity pay (and of course you never have to pay back the SMP, 90% of salary for six weeks and £100something for 20weeks) IF it is explicitly agreed beforehand, or in your contract or in the maternity policy which you were given. Is that the case for you? Do check. Also check the amount you were actually paid over and above the statutory amount. If you really don't want to go back at all, I think you should resign the normal way (ie hand in your notice) ASAP, if you would like to return p/t then put in a proper official request - they can't just turn you down on a whim. If you feel too ill to return then see your GP about being signed off. Your health and your baby have to be your No1 priority. I honestly think talk of being sued is simply scaremongering, and I really wouldn't worry about it.

I agree with aloha. Health and baby no 1.

Yes, of course what I said is the worst case scenario but nevertheless what they are entitled to do if they so wish.
I applied for part time and was also told by employment lawyer if they refuse and are really difficult you could risk taking them to tribunal about not considering your request properly.
This could, if you were lucky, mean both parties could agree for sam to resign paying nothing back rather than go through the hassle.

My employer made it clear to me he would go down the sueing route if I didnt return or pay back what was due.

I certainly didnt mean to scare monger! I assumed I was just answering thw query about what "could" happen.

It's ok I wasn't scared! I realise they are entitled to sue if they wish but I wouldn't let it get that far. I will try to appeal to their senses first.... after all I could be a real pain! The last person who went on maternity leave did a very similar thing.....was signed off for ages and generally mucked them about so I hope that is fresh in their minds!

If not.....I will consider if I am well enough to return (temporarily or part time etc) but if not, I will see doctor.

Oh and CAB is a good idea...I always forget about them!

Thanks for all the advice, I don't feel like I am going quite so mad!