Paying back maternity pay

[Gubbin]

Hello has anyone been in a position where their employer refused to allow them back to work part time and so they had to pay extra mat pay back? Do you have to?! Mine's over three grand and I can't really afford it but don't want to leave baby full time.

If its contractual pay, over and above SMP, and it states in your contract that you will have to pay it back then yes they can ask for it back. However, the fact that you have tried to return to work and they have turned you down would probasbly stand in your favour if legal action was taken.
You probably know this but they have to have a very sound reason not to allow you to return part-time and they must put their decision (and reason) in writing.

Thanks for that somersetmum - yes they haven't told me official reasons why no part time so I need to push them for that - just worried about bad feeling/bad refs etc - they told me not enough money for me to go part time but job share shouldn't cost them extra should it?! Still trying to come up with mega money making schemes but no luck1

Jobshare probably would cost them a little extra but this is offset by the benefits. I always build into jobshare contracts a restriction on when holidays should be taken, ie not at the same time as the jobshare partner.

They have to give you a reason about why they have refused your request.

By the way, where I used to work people who had their part time working refused used to go off sick for the three months after their "return" to work. This fulfilled the contractual obligations and then they resigned with no money left to repay.

How long would you have to go back for in order not to pay back the money you owe? You have been accruing holiday while you were on leave, so theoretically you could return to work full-time but use a day or two days a week holiday for a few months, making it effectively part-time for long enough not to have to pay back the money.

If you don't go back they will have to pay you for the holiday accrued, which should help a bit towards the £3,000.

When I went back to work I had been working 4 days a week before adoption leave, and after I had been back a month I wanted to go down to 3 days a week. I suggested to work that we should do a trial period for 8 weeks using up some of my excess holiday. So I was actually still working a 4-day week, 3 days in the office and one day holiday. At the end of the trial I had been back at work for 3 months, which meant I didn't have to pay anything back. Then I officially went down to 3 days a week.

I'm wittering on a bit because I'm sleepy, but what I'm trying to say is it might be worth your while going back and then arguing your case for part-time once you've made yourself indespensible.

Could you think about working flexibly rather than part time? I work full time but over 4 days and also work from home regularly. I have the freedom of parttime working without the pay cut.

Do your T%Cs state that the additional pay was in return for you to return full time to your old job? If not you are trying to return but they are blocking it therefore it is their problem not yours.

Hmm, not sure I agree with that. There is only a right to request flexible working, there isn't an automatic right to return. I'd be very reluctant to suggest that the OP rely on that argument.

Thank you so much all of you! Unfortunately(!) I'm a teacher so holiday allowance not an option - they did say I had to return full time for 13 weeks to keep mat pay but have been a bit unbending when I offered to job share etc - think it's a different situation form other jobs maybe? Scared to give up good job but know I couldn't function full time!

Did you submit a formal flexible working request?

I asked for two days a week doing pretty much anything but head said not in interests of school - didn't get formal refusal back - just phone calls - will have to go back to supply and rugby balls thrown at head! Help!

OK, there is a statutory procedure for this. There is more info here

What you need to do is apply formally under the statutory procedure. The Head will need to meet with you to discuss your application. If your application is rejected you must be told in writing and told the reasons why.

Right. This is how you can increase your chances. Think about the job and how, if you were managing you, how you would look to ensure the work will be done. Think about how you can make efficiencies. Can the work be done quicker, smarter. Don't take the attitude that working this out is someone else's problem.

Think about every objection that the Head might have and include solutions to these in your application.

Include costs too if you can, and also the cost of replacing you. Recent figures suggest that the average cost of replacing an employee is £8,000 and takes on average of 8 weeks, and this will be longer for a teacher. So could be a no brainer really. You just need to help the Head see sense!

Hi, I really feel for you Gubbin. Am secondary teacher and work 3 1/2 days and also have a TLR! My head is fab and very pro part timers as he gets more for his money. If you are secondary then there is no reason why timetabling could not be worked out. Although we must work at least 3 days to accomodate option blocks. Maybe you have done this but you need to present a solution as to how you could work part time and do not be afraid to question and demand answers. Most heads will quake if faced with unions over this issue as I can't see how any teacher can not be accomodated full time!!

Yes makes sense now. If they said return full time in the agreement then they have the right to ask for it back. As the duchess says make a formal application and keep your fingers crossed!

Good Luck.

Thanks ladies - you're fab! Duchess you are a star - I'll be more specific and see if fear of having to give detailed reasons makes them waive repayment - probably wishful thinking though!

I'd be careful about telling them the costs of replacing you - they could easily turn around and say that will be the expense of finding someone willing to job-share!