Going back to work following 2 pregnancies back to back. Do I have to pay back pay from my first Mar leave even though I was unpaid during my second.

[Pixel246]

So not sure if I’m even in the right place but wanting to get anyone else’s experience before possibly going to talk to a solicitor about it.

I should be returning to work around May of next year. I’m not sure if I will be as I was never thrilled with the role and had planned to leave as soon as I found something suitable then cue pregnancy number one.

Anyway I was paid full for the first 6 months of my first maternity leave and SMP for 3 months then nothing for the last 3. During this time I was pregnant with my second (totally unexpected). As I had such a rough pregnancy and only 2 months between the end of one Mat leave and the potential beginning of the Second Mat leave (unpaid, no SMP or MA) I decided to use my accrued annual leave to cover this period.

We are now coming to the time to discuss what I do when I go back and it looks like the company aren’t interested in me doing any part-time work or hybrid work (not made formal yet but made their viewpoint quite clear).

Excluding the fact I don’t really want to go back, and that I want a better job, I practically can’t go back full time because of childcare or lack there of.

We are fortunate enough that my salary is more of a bonus rather than a necessity, so it’s all realistic I could just not go back.

My company states I have to return to work for a year before I don’t have to payback the difference of the full pay received (6 months) and SMP. It’s been almost a year since my first and only paid Maternity ended. My Second Mat leave was completely unpaid, I didn’t qualify for SMP or MA for my Second Maternity Leave. So my question is how likely is it that I will I have to payback the difference from my first maternity leave? Has anyone else experienced this etc?

Why didn't you qualify for SMP or MA in your second mat leave? I thought maternity leave counted as continuous service?

Echo previous poster, i can't see why you wouldn't have been paid for this 2nd mat leave??

SMP required me to return to work for so many weeks and not earn so much within x amount of weeks, I was only back in work although in leave for 8 weeks consecutively and had earned too much from my paid leave. As for MA my husbands earning was too high to qualify.

As for MA my husbands earning was too high to qualify

I didn't think there was an income cap for maternity allowance?

@AwkwardPaws27

As for MA my husbands earning was too high to qualify

I didn't think there was an income cap for maternity allowance?

I wasn't aware of this either but apparently so and coupled with not meeting other requirements I wasn't entitled to anything.

I think you may have been incorrectly advised on maternity allowance.
This website has a good explanation of different scenarios: maternityaction.org.uk/advice/pregnant-during-maternity-leave/

Would you mind if I asked what your husbands salary was for you to not quality for MA, I might need to apply for this and wasn't aware of any cap on partners earnings

Not the same situation. But I took full contractual maternity pay but whilst on mat leave applied for and starts a new job. Got one letter in the post saying I had £XX to pay back and the bank details. Ignored it. Never heard anything again, this was nearly 3 years ago.

Not necessarily advising you do the same, just sharing what happened to me!

@GivenchyDahhling thanks. A lot of people have said the same for me I'm just getting myself prepared. I doubt anything would come of it but I've had issue with them before so I also wouldn't be shocked if they did try.

@Ijustlikefood hi I'm not comfortable saying exact but it is a lot and upper tax band.

It will come down to the exact wording of your contract and whether your employer wants to be difficult or not. Why don't you resign and see what happens then seek advice if you need it.

If you return this time I don't think they can claw back the money, if you leave they have every right. I would work out the money you would owe and set it aside if you decide to quit in case they come after you.