Not returning to work - CMP payback

[Mothernaturesgreatest]

I'm due to return to work after 52 weeks maternity leave. I received CMP and in the maternity policy it states that if I do not return for a period of 3 months, the additional CMP is to be paid back.

I was wondering if anyone has experienced a situation where they have negotiated a reduction or exception on the amount to be paid back?

Me and my son suffered a birth trauma, he has a hypoxic brain injury and at the moment we are unsure as to how this will effect him. I'm on the waiting list for CBT as I have been diagnosed with PTSD.

I've tried to negotiate a 3 day a week agreement with some WFH days, but they have declined and said it would need to be 4 days in the London office. I'm struggling with the thought of going back to work anyway, let alone for 4 days a week into London (I'm in Bedfordshire).

The whole situation is causing me a lot of stress and I'd rather not go back and find something else much closer to home. The only thing holding me back is the cost... I will find it difficult to pay them the full amount.

I was just wondering if anyone has experienced anything similar, or if there are there any guidelines or laws that offer protection in theses circumstances.

Any advise would be hugely appreciated.

Nothing legal to help you I’m afraid, assuming the terms of the enhanced maternity pay were made clear to you upfront.

Your best bet is to explain your specific circumstances and ask for some leniency on either the amount or the repayment schedule. Ultimately if you don’t have it you don’t have it so as long as you make a reasonable offer of installments they’ll probably accept it.

You can't get out of paying it back, no matter what your personal circumstances are. Unless they mislead you in some way?

Make them an offer of a payment schedule and see what they see but you can't ask for them to give you a discount.

They will probably accept instalments- if you don't have it you don't. I doubt very much you'll get any kind of reduction though unless you can find that you were given the wrong info at some point?

I ended up with post natal depression and anxiety. My employer basically told me that if I quit they would waive the repayments but instead I was signed off for 6 months before returning. I could not afford to quit and they couldn't make me either.

Honestly, given the circumstances if they force you to pay it back I would probably go back to work and immediately go off sick with your PTSD. But I'm really against penalising mothers who change their minds about returning (or not returning) to work so I know I'm taking a bit of a hard line here!

Yep, I would do what @peachgreen has said.

I was refused flexible working and returned full time. I couldn't cope with those hours as my baby woke multiple times a night at that point , I also had to remove him from his nursery as there were too many problems there.

After these issues plus too many others I got signed off of work with stress for two weeks, I then had a frank conversation with my boss about wanting out and not coping. As I had only returned for 7 weeks I was told I would have to repay any emp , I negotiated paying it back over 4 years in the end. It's far from ideal , but I don't regret agreeing to those terms. I left that job on good terms , with a good reference and a very reasonable payment plan.

Thanks everyone. I have considered adding my holiday on to the end of my maternity, then going off sick and or taking parental leave.... but I keep going back and forth trying to decide if I have the energy to pretend and also if it would just be better for me to just cut my losses and get rid of the burden so I can move forward. I'm still in 2 minds and have until next week to decide.

Do I be honest and hope they will be flexible or do I play the game to save the £ stress....I imagine they will be able to write it off as a business tax?

Thanks for all the comments, I am grateful for the advise.

Will let you know what I decide.

Thanks

Personally I would add the a/l on to your mat leave then go off sick with stress

Could you take annual leave one day a week for the first couple of months? So effectively you’re only doing 3 days a week. Give it a couple of weeks and then resign if it’s not working.

Good plan using AL to shorten your weeks.

Go back, get signed off for a bit and then resign once your 3 months is up.

sick leave and i know 2 people who have done this

Sometimes you really need to put yourself first.

peachgreen - the condition of the enhanced pay was that it would be paid back if she didn't return to work. The employer could have just paid SMP, but they obviously want to try and retain their staff so they offer more.

I am fed up of reading on here how bad employers are and how unfair they are. It is really hard being an employer and trying to cover staff on a temporary basis for long periods of time without knowing if they plan to return or not at the end of the period.

”I'm really against penalising mothers who change their minds about returning (or not returning) to work”

Offering an incentive to return to work isn’t “penalising” women who choose not to.

I think I’d use A/L then go off sick until you have a better idea of your babies health prognosis.