Will I have to pay back my Maternity pay?

[MinisterforCheekyFuckery]

I work in a school (not a teacher) and am coming up to the end of my maternity leave. My school is an academy, I'm not sure if that's relevant.

I'm due to go back to work at the beginning of July but I've seen a job advertised today at another local school that would be a step up for me, more money and is very well suited to my particular skill set and experience. The closing date is the end of the month. I really want to apply for this job but can I do that while I'm still on Maternity leave? Is there an obligation to go back to work for your current employer for a certain length of time after Mat leave and if I was lucky enough to be offered this new role and left, would I have to pay back my Maternity pay?

It totally depends on your contract. If you just had SMP then you're free as a bird, if you had OMP then you may well be tied in to return or repay.

Do you just get SMP? If so you won't have to pay anything back. Enhanced pay you normally have to pay back the extra if you don't go back for a certain length of time, which should be clearly stated in your school's maternity policy.

If they are both local authority schools in the same area then it may be covered, def check your contract

”If they are both local authority schools in the same area then it may be covered“

OP says it’s an academy. OP you need to check your contract/policy. If you’re not a teacher are you on Green Book terms?

I'm a teacher in an academy and I would have had to have paid mine back had I not have returned to work.

If you've had enhanced pay you may have to if you don't go back. You need to read your maternity policy

Sorry I should have said we've recently switched to academy status but we're still using the local authorities policies and the school with the new job isn't an academy so it's the same policy iyswim. Does that make a difference?

Thanks.

Sorry flowery, you're quite right. Brain has gone to sleep already apparently.

IIRC Green Book terms do involve a repayment in the event of non-return. I think some local authorities recognise service with academies when it comes to calculation of service-related occupational benefits but I don’t think that will help you with avoiding repayment to your current employer of occupational maternity pay they’ve paid out.

Might be worth checking with your union rep if you’re a member?

Thank you all. Frustratingly, the policies are all on the staff portal and I can't seem to access it from home so can't look atm. Will take up the suggestion to contact my union for advice.

If there was an enhanced element of maternity pay it should be clear from the letter you received on starting ml, and any conditions about repayment stated upfront. Smp is yours to keep regardless.

Have managed to access the maternity policy and I'm no clearer to be honest. It says you may have to repay "all or part" of your OMP "if you do not return to work" at the end of your maternity leave. But technically I would be returning. The closing date for the new job is June 28th. I start back at my current job the first week in July. So even if they review the applications and do the shortlisting straight away there's no way the interviews (assuming I get one obviously) will even happen before I'm back at work. There's nothing in the policy saying you have to come back for X period of time, just that you may have to repay if you don't come back.

So let's say hypothetically, I return to work on July 1st, I interview for a new role and am offered the job the following week but the schools break up for summer a couple of weeks later and the new role doesn't start until September...what happens then?

I’ve checked and the LA Green Book maternity terms are that you have to return for 12 weeks so it’s odd your maternity policy doesn’t specify.

Did you not get a letter confirming maternity arrangements- it should have been clearly stated in there if your enhanced pay was subject to any terms and conditions.

I didn't get a letter. Just an email from HR with the aforementioned LA maternity policy attached. Our HR person has a reputation for not being very efficient though so it may be that I was supposed to get a letter. A few posters have referred to Green Book/Green book conditions but I've never actually heard it mentioned so is it possible that it doesn't apply to support staff?

Green Book is for support staff. Burgundy Book is for teaching staff.

However regardless of the fact that Green Book terms are that you need to return for 12 weeks, it is possible your own employer has decided to waive that requirement and only have ‘may’ be required to repay and not have the 12 week period. They’re allowed to do that, it’s more generous than Green Book and they’re an academy.

Talk to your union, hopefully they will have had a support staff member go through this before and will be able to advise you whether your employer usually requires repayment.

However regardless of the fact that Green Book terms are that you need to return for 12 weeks, it is possible your own employer has decided to waive that requirement and only have ‘may’ be required to repay and not have the 12 week period. They’re allowed to do that, it’s more generous than Green Book and they’re an academy.

Hmmm, our Head isn't exactly known for her generosity. Not that I blame her, times are tough.

I will speak to my Union and see what they say. Thank you for your help.

Most policies are 3 month or you have to pay back

Well whether your Head is know for generosity or not doesn’t really matter- your individual policy doesn’t seem to specify the 12 week return period, only that you may have to repay it if you don’t return. Your argument will be that you are returning...!