Do I have to pay back my maternity pay?

[PeeAche2]

My maternity leave begins in June 2022 and I intend to return in May 2023.

I work almost exclusively with men (I'm an engineer) and have already been told that I cannot come back on flexible working.

I have said "that's okay" but it's actually not okay. I'd like to drop Fridays after my mat leave, either by reducing my hours or consolidating my hours into the other 4 days (Fridays are a short day anyway).

Someone that I know from years in industry has an opportunity for me at their business, as they are launching a new product in summer 2023 which aligns with my expertise. The role would be flexible, mostly home based and my hours spread over 4 days. Between this role and my husband being self employed, we would barely have to rely on any formal child care at all. Which would be amazing for our finances too.

If this job offer doesn't play out, I will still be looking for a new role after my maternity leave, to give me that flexibility.

My current employer offer a fairly good package, and top up statutory maternity with something they call OMP.
I have read the maternity policy so many times that I reckon I could recite it by heart! It does not mention having to pay back the OMP at all.

Does this mean that I definitely won't have to pay it back if I leave? Or do I need to make sure I go back to my current employer for 6 months or so, to ensure I'm not stung by any nasty surprises? Can they make me repay it, if it isn't in their policy?

It also wasn't mentioned in any confirmation letter I received from HR after I notified them of my pregnancy.

I've been there for 6 years, full time, no performance issues, long term sick or break in employment.

I know taking the maternity and "doing a runner" isn't great. I'm not lazy, I just want to have more flexibility when my child is young and to maximise the childcare that I can do myself, to limit big costs.

Any experience or advice is gratefully received. Obviously I'm anxious to ask my employer outright because it seems a bit suss... 🥷

Sorry, I should say that the role at "somebody's business" is at the company they work at. They're a project manager. It's not like they're a small business owner.

They've just won the government contract and she mentioned to me that she'd love to have me on board her new project next year. The dates line up perfectly so it would be fab if it came together.

Sorry for the drip feed, I just realised my last post wasn't clear. 🤦🏻‍♀️

If it isn't in the policy, letter or your contract I'm not sure how they could enforce paying it back.

Mine has a bit in the policy and it was also in my mat leave/pay confirmation letter saying that if I don't return for a minimum period (which is only 1 or 2 months) I have to repay, unless there are extenuating circumstances such as the baby having a significant disability which makes that impossible.

I agree with the above, if you are expected to repay it, that should be obvious before you are offered / take it. We don't ask for OMP to be repaid even if dont return to work.

There has to be an express clawback provision - as long as there isn’t, you’re in the clear. And don’t feel bad about it either, you are entitled to the maternity package by virtue of your employment to date, not your assumed future employment.

I am always suspicious of companies who do use clawbacks. It signals the only way they intend to retain working parents / mothers is by economic duress, essentially.

Have you checked your contract?

I'll

Why wouldn’t you need childcare? Are you proposing to parent your child at home while also working?

Yes, that leapt out at me as well. You'll still need childcare even if you're working from home so I would factor that into any decision.

I assumed that her partner being self employed meant he would work opposite days to her - so if OP is working 9 - 3 Mon - Thu, her DP would do his work before 9am and after 3pm on Mon -Thu and any time Fri - Sun. Hard but doable!

OP as others have said if there’s no clawback mentioned you’re fine. I want to move roles after maternity and have to do 6 months back before I hand in my notice. I’m not looking forward to it but I refuse to hand back that money - as others have said, through many years of loyal service in the lead up to having a baby I’ve earned it.

I moved jobs during maternity and did the same obsessively checked the policy, my contract and confirmation letter and there was nothing about clawback.

And that was right. When I handed my notice in there was zero mention of payback.

If it's not in the contract or the handbook then you don't need to pay it back. Just make sure that you keep a copy of the handbook in case they try to make a change and claim that it was always there.

They can't make you repay unless it is specified.
When/if you eventually resign, don't hesitate to point out that there is more to retaining female talent than maternity pay.

I suggest two things

Ask specifically about the terms of the additional maternity pay and get it in writing.

Resubmit your flexible working request in March 2023 before you return to work. It's a year away. Lots change in a year. Both of my mat leaves I returned to a new boss and new culture. One time that was a good thing the other a bad thing.

Thanks everyone. I have taken a copy of all the paperwork so that if anything changes while I'm on mat, I can back myself up. Good advice!

Naturally, this has diverted into questions about what a shitty mum I am. Classic Mumsnet... so, to answer the snotty Q about whether I "propose parenting my child while working"... No. flexible working means flexing it around my family, not secretly working part time and claiming a full time wage. Millions of parents do it.

In our case, my husband works "American hours" because of his business.

Home working would eliminate all commute, meaning that when I clock off at 3pm and take over the child care from husband, it's straight into it.

We also have the offer of 1 day a week from a grandparent who is semi retired.

It will be hard, but it is doable. I choose to work, while parenting a child.

Oh and I will submit a flexible working request again next year. Good idea!

Looking back over my original post, I realise I made a typo. I intend to return to work in March 2023, not May 2023.

Wishful thinking on the part of my fingers... 🤣

Small difference but a difference nonetheless.

I don't think anyone was being snotty, it's a standard clause in many home working contracts that you cannot be in sole charge of a child during work hours. It is an insurance thing as well as a productivity one. Some companies require proof you have child care in place. No issue for you obviously but not everyone realises this and might assume they can juggle both at times.

Just one thing I found with my kids when that young if they are aware you are in the building they may scream blue murder to get to you. I really would recommend having a plan b second location for them or you in case they are like my kids. I did hybrid when my kids were young, and used a creche due to this behavior. Best of luck in the new job.

Naturally, this has diverted into questions about what a shitty mum I am. Classic Mumsnet... so, to answer the snotty Q

I was thinking the same thing when I read the comments. Some people just can’t help themselves

I don't think it was particularly snotty, although PPs could have worded it better - there's been an absolute deluge of posts since the pandemic from people trying to work out if they can WFH with their kids around to save on childcare costs, so the fact people were pointing it out wasn't meant to be a reflection on you so much as how often this question now seems to come up.

(FWIW I agree it's crap parenting and a terrible idea, but given the high cost of childcare in this country I understand it to some extent. One of my NCT group went 'back to work' full time remotely with a 6 month old. It did not go well...)

Yeah, it's the way people say it. 🙄

I don't think anyone was being shitty, it's just that there are a hell of a lot of threads on here of women thinking they can wfh to save on childcare costs when they go back to work when frankly you can't do both at the same time.

In a similar situation, I met with HR and to deflect suspicion I hid my burning question about paying back maternity pay if I didn't return in amongst a long list of questions about every possible hypothetical situation related to maternity leave. You might want to try the same approach. There are lots of reasons not to return to an employer that aren't in any way disloyal; people leave jobs all the time