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Original poster

Maternity Leave not going back help

16 replies

Leeann0091 · 30/04/2019 12:13

Hi I need some advice
I'm currently on maternity leave which runs out in October. I'm under a little pressure to let them know if I'm returning simply because where I worked has closed and they need to place me somewhere else within the company. Anyways my question is if I tell them now I'm not coming back do they stop my mat pay straight away? I read something about being paid up to 10 months or something but dont know.
Thanks

OP posts:
Lazypuppy · 30/04/2019 13:11

If you don't go back you may have to pay back any maternity pay above SMP.

I'm pretty sure you're still entitled to all your maternity leave and pay up to 9 months,final 3months are always unpaid

Original poster
Leeann0091 · 30/04/2019 13:40

Thanks. I've just had a look and does say o can get paid up until 39 weeks even if I resign
Is the paying it back thing linked to even they still think your going back after 39 weeks and they still pay you? Then you would have pay it back?

OP posts:
LIZS · 30/04/2019 13:45

No it is if they pay anything above smp, you are not obliged to tell them until the number of weeks notice period ahead of your return date. If you have any employee benefits such as staff discount in retail it may be worth leaving it as late as possible. They have to credit the service to your pension while on ml and you should also be paid any accrued holiday.

OctoberGirl91 · 30/04/2019 13:56

If at any point you earned about the SMP pay rate then it's enhanced maternity pay and any of that has to be paid back or usually there's a clause you can return for 3 months then if you leave you'll then have nothing to pay back.

For example I start maternity leave shortly I get 8 weeks full pay of my usual wage then a further 18 weeks of half pay + SMP.

If I don't return to work lll have to pay them the 8 weeks full pay back and then the half pay for the 18 weeks.

Hope that makes sense x

LIZS · 30/04/2019 14:05

But enhanced pay only repayable if it is stated as conditional up front. If you are effectively being made redundant the company should honour it.

ohmydaysagain · 30/04/2019 14:10

Just tell them you are going back and then give them the months notice that your not, you don't have to decide now no matter what pressure they are putting on you to do so.

Original poster
Leeann0091 · 30/04/2019 14:49

I do actually get more than the smp rate which I've been confused about. Some months they add an extra £40 this month it was an extra £100 theres no set amount which is strange. Why do they pay extra and is this what you all mean with what I would have to pay back?

OP posts:
Orangesox · 30/04/2019 14:57

Honestly you need to ring an speak to someone in payroll / HR as your pay situation seems a little unusual. If you’re worried about what they’ll say, just tell them that you’re weighing up your options given that your site has been closed, and you need to decide whether to stay or not.

LIZS · 30/04/2019 15:01

You need to find out if this is enhanced maternity pay , or just adjustments for tax overpayments etc. Normally enhanced pay is something you are aware of in advance, you should have had a letter setting out your maternity pay when you went on ml.

Original poster
Leeann0091 · 30/04/2019 15:11

Oh right okay. Yeah I've had no letter about enhanced payment. It's like lucky dip with my wages at the min
Yeah best to give them a call. I would hold off as long as possible but they want to start bringing me in for meetings to discuss my new place which is a bit awkward. Anyways thanks all for the advice

OP posts:
Lazypuppy · 30/04/2019 15:26

You should have had a letter from HR when they confirmed your smp entitlement that states what you would paid and when. That will tell you if it is enhanced or just smp.

I hadto go back to work for 3 months to keep the extra pay, never an issue as i always knew i would go back ft

LIZS · 30/04/2019 15:29

I don't think they can insist on meetings until you are due to give notice of your return. Have they made redundancies by closing your place of work?

Original poster
Leeann0091 · 30/04/2019 15:51

Yeah I did get a letter before I left and it just said about the £145 a week after the 6 weeks. There was nothing about extra payments
I didn't know if it was holiday pay or something but it doesn't say that on the pay slips
This month for example I got £680 when it should be £580 and it just says smp payment
It's more sort of casual meetings to try and find me a new place but I haven't exactly got a good reason to say no which is what I mean when it's a bit awkward

OP posts:
LIZS · 30/04/2019 16:18

If it should only be smp then you need to query any overpayments, otherwise you may be required to repay or have it adjusted from your final payslip. Smp usually goes up in April though and tax allowances, so that may be partly why it has increased but your hr can check it.

dementedpixie · 30/04/2019 16:23

Are you getting paid monthly or every 4 weeks?
If it's monthly then the pay will be slightly more than 4xSMP as a month is more than 4 weeks.

leghairdontcare · 30/04/2019 16:26

Do you have a mobility clause in your contract? If they want you to move your place of work, but no mobility clause, then you could argue they're making you redundant and potentially receive payment. How long have you worked there?

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