First of all I am really sorry for what is probably going to be a long winded, rambling, possibly disjointed and slightly venting post!
To start at the begining, I am employed by the DWP (section or branch is irrelevant). I got pregnant with my DS 2 and went on maternity leave in May 2004, 14 months after joining. I informed them verbally (and possibly in writing, I seriously can't remembers and ALOT has happened since then) of my intention to take my 26 weeks leave, followed by a few weeks of unpaid mat leave and I would return on the 4th January 2005. I signed a statement of intent that said if I wished to return earlier than stated, I needed to put it into writing.
Anyway, ds2 was born towards the end of June 2004. He was a very difficult baby, cried 24/7, had some early health issues including prolonged physiological jaundice and a couple of proven UTI's. We spent at least a day a week in hospital from 2 week until he was 10 weeks old. Then he stopped gaining weight at 3 months, developed severe eczema at 5 months as well as being diagnosed as failure to thrive. He was hospitalised in December 04 for 2 nights for tests for FTT. At this point ds2 was waking 10 times a night, I could not get through a single day without sobbing with my screaming baby, and spent hours every day walking the floor with him. Just after xmas 04 I went to see my GP asking about PND but he decided I was just extremley sleep deprived so didn't issue anti-depressants, but signed me off work for depression for 2 weeks. I duly informed work I would not be starting work on the day I specified. When that 2 week note was up, I returned for another and this time was signed off for 4 weeks. As that note ran out, ds2 was put in hospital for a week for more investigations as he had not gained any weight at all since he was 4 months (by this point ds2 was nearly 8 months old). He was soley breastfed, so i had no choice but to stay with him for the entirety of his stay and thoughts of returning to work for another note flew out of the window. I seriously thought my baby was going to die before he reached his 1st birthday.
Finally, on 4th April we got a diagnoses of a serious heart condition which required urgent open heart surgery. Ds was a very poorly boy. The day before we were admitted to the children's hospital, I called work to inform them of what was going on and told them it was unfair to remain on sick leave and that I would take the rest of my unpaid mat leave.
On returning home after ds's op, I had some post from work, wage slips, they paid me from 4th Jan until the 31st March 2005.
Towards the end of my unpaid mat leave, I called work to tell them I was taking a career break for at least 3 years and put it into writing, the only time I was infomred I had to put something into writing.
Shortly after that, I recieved a letter to say I had been overpaid. I disputed the fact as was on sick leave. After many months of getting nowhere with line managers and HR, I contacted the union rep who said he would deal with it. That was 3 days before xmas 2005.
I heard nothing else at all until Feb this year, when out of the blue, they send me a letter saying I still owed them money. I called HR who said that I was not on sick leave as I onloy had notes to cover me until Mid Feb. The GP could not help as they can't issue back dated sick notes. In the end I contacted CAB in April.
It has taken from April until now for the DWP to get back to CAB and this morning I recieved a forwarded letter. This letter admits that the overpayment is no fault of my own but still legally recoverable. They will only waive the recovery if I can prove that I had no reasonable way of knowing I had been overpaid, stating that bank statements and pay slips are ways of finding out. They payslips part is easy, they always arrived 3 months after I had been paid, but how I am supposed to prive that we don't open bank statements as we normally online back, but at that time, with an extension being built and constant hospital visits that i did not check the bacnk account from xmas until after DS came home from his surgery??
They also go on to say that as I am classed as never having retured to work after my mat leave that all monies paid on mat leave will have to be paid back unless the reason i was unable to return to work was "because of an ill child that required continuous attention at home. However mdical evidence had to be submitted within 38 weeks of the child's birth" This part really ticked me off. His heart condition is something that he was born with but due to things beyong my control, including some inadequacies at our general hospital, his condition was not diagnosed until 40 weeks and 6 days old. This seems grossly unfair to those who do get a diagnosis in thier older child, they should at least give you the full year of mat leave to tell them out have an ill child.
During this time, I did have some contact with my line manager, but not once was I told I had to put it in writing that my baby was so ill. Not that it would have mattered anyway as he was over 38 weeks old.
After speaking with the CAB yesterday, the lovely woman seems to think I could have a case if they try and take me to court. I am really unsure of what i should do next. It seems like far too much effort to fight over less than £1300 (not that i have a spare £1300) but then again, it is now the principal of the whole situation and if I can stop this from happeneing to another parent, it has to be worth the fight right?
Does anyone have any advice at all or been in a similar situation?? I fully plan on contasting ACAS on Monday.
So sorry this is long, if you mader it to this point, you are an absolute star. Today has been very difficult for me, partly as this has made me so cross, but also reliving those awful, awful weeks and months during what is easily the darkest moments in my life.