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Original poster

Paying back maternity pay - can they come after me?

34 replies

ejlk · 29/01/2008 10:51

Hello mums. I've recently returned to work but am considering resigning (it's just not working out). All straightforward enough but my colleague who is herself about to go on maternity leave, pointed out a paragraph in her maternity benefits letter from HR which states that if she doesn't return to work for a minimum of 6 months then she will have to repay her maternity pay. I've checked all my written correspondence from HR and there's no mention of this clause anywhere, which makes me think it's been introduced while I've been away. Do you think they'll be able to apply this policy to me retrospectively when I've never actually been informed about it? I would ask HR straight out but their indiscretion is legendary.

OP posts:
runnyhabbit · 29/01/2008 10:53

were you only paid SMP, or did your employers pay you more?

afaik, you do not pay back SMP. Not sure about paying back anything extra though.

I'm sure someone will be along with some proper advice

morningpaper · 29/01/2008 10:53

It is probably tucked away in an office handbook somewhere. You would be sensible to ask for written details of their maternity pay before you take it. Most works will insist you return for a while, if they pay over and above the statutory minimum.

Yes they will come after you - or more likely, deduct it from your final pay / notice period and then reclaim it from you. It's quite standard.

PippiCalzelunghe · 29/01/2008 10:58

My job does that. I must return and work for 3 months to be entitled to the extra mat pay I get. If I don't I'll have to pay it back (without SMP).
However both times I was told a million times, expalined how they'd get the money back and had to sign a paper to confirm I understood and accepted.

If nothing was given to you I doubt they can do anything.

Original poster
ejlk · 29/01/2008 11:01

But that's the thing, I did receive very clear written details about the maternity pay policy before I went on leave and there was no mention of the clause, not even in the handbook. it seems to have been introduced since I left, yet I've never been formally notified about it.

OP posts:
MrsFogi · 29/01/2008 11:01

You need to check it's not tucked away in a handbook somewhere. If not I don't see how it could be applied retrospectively. Other approach is to tell them you're not happy and want to resign and that you are only staying as you can't afford to pay back and then be a miserable cow and work to rule so they get rid of you and then you won't need to pay it back!

morningpaper · 29/01/2008 11:03

The trouble with work is that when you start you can sign a bit of paper saying you have read and understood the policies. I think you will have to talk to them and explain the situation. I would think that they would take very seriously your claim that you didn't know this and would go to a lot of efforts to demonstrate that you DID (if you did) e.g. by finding something you signed.

If you don't approach them NOW, they will assume that you know about the policy and deduct the pay. Then you will be in a worse position.

fletchaaarr · 29/01/2008 11:03

I only got paid the legal minimum (13 weeks at 80% salary and then 100 quid a week for another 13 weeks or something like that) and they can't get any of that back whether or not you come back at all

Lots of other people here are on different terms and conditions and get 80% salary for the whole 26 weeks, and if you get that kind of deal they can ask for the extra back

hth

fletchaaarr · 29/01/2008 11:03

I only got paid the legal minimum (13 weeks at 80% salary and then 100 quid a week for another 13 weeks or something like that) and they can't get any of that back whether or not you come back at all

Lots of other people here are on different terms and conditions and get 80% salary for the whole 26 weeks, and if you get that kind of deal they can ask for the extra back

hth

Karen999 · 29/01/2008 11:03

You do not have to pay back Statutory Maternity Pay but if you have received any additional pay then you may have to pay this back.....however with the absence of any notification to this effect I would query it with personnel.

PippiCalzelunghe · 29/01/2008 11:06

did you receive extra mat pay? I am pretty sure it cannot be backdated.
on your paperwork what does it say on the paragraph about having to return for a minimum of 6 months? there must be something that allows them to enforce it ifswim otherwise it is pointless to mention it.

Original poster
ejlk · 29/01/2008 11:10

Yes I did receive extra maternity pay but there is no mention whatsoever of an obligation to return it if I quit within a given period. The only place I have seen this in writing is on another colleague's letter which was issued several months after I left.

OP posts:
Karen999 · 29/01/2008 11:12

Is there any mention of it in the letter that you got? I presume you got the same kind of letter when you were on ML? Tbh a lot of places will pay additional pay but do expect you to return. I would check your handbook, correspondence and with HR.

morningpaper · 29/01/2008 11:12

It is standard practice, but if you haven't seen anything then you can't be expected to know. Speak to HR to clarify the situation.

IndigoViolet · 29/01/2008 11:13

Could you ask your colleague to ask HR when this particular policy was introduced? She could just say that a friend of hers doesn't have anything like that at her place, when was it introduced - that sort of thing.

flowerybeanbag · 29/01/2008 11:16

ejlk if you are sure it is not in your handbook, wasn't in any written communication to you and wasn't announced in a general sense to everyone, then I think you should be fine. It sounds like something that was introduced recently. I would expect them to make known any change in policy, update the handbook/maternity policy etc, but you wouldn't be specifically notified if it doesn't affect you.

It's usual to claim back maternity pay that is over and above SMP if the person doesn't return to work for a set period of time, that's perfectly normal, but they can't introduce something like that retrospectively, they should notify someone before they receive it, as they did your colleague, which then gives the person the option not to take the extra pay.

Karen999 · 29/01/2008 11:17

Was wondering where you were Flowery!

Bluenosesaint · 29/01/2008 11:17

SMP is yours to keep, but you do have to repay anything that is paid over and above this if you do not return to work for a specified period of time (mine is 3 months but i'm not sure if this time is the same for everyone)

hth

flowerybeanbag · 29/01/2008 11:19

What concerns you about the indiscretion of HR if you ask them? I think you are safe to assume it won't apply to you, then challenge it if they try to reclaim it, claiming complete ignorance and pointing to the fact that this wasn't the policy when you went on maternity leave and was nothing you were notified about. So I don't think you necessarily do have to ask HR, but I was just wondering what you think the consequences of their 'indiscretion' would be if you did ask them a question about a policy?

Original poster
ejlk · 29/01/2008 11:29

Hi Flowery, in a nutshell I was in quite a senior position when I went on leave so my additional maternity pay was quite substantial. Frankly I'd be willing to stick it out for another 5 months in order to keep it. By going to HR and asking for clarification I'm afraid I'll alert them to my intentions, other senior staff would learn of the conversation (honestly, this is v.likely to happen) and the perception would be I'm only back for the money. I've had a great career with this company and I really don't want to leave on a sour note. I'm really just trying to ascertain whether they've got a case to try and come after me.

OP posts:
elliott · 29/01/2008 11:34

why not ask your colleague to ask when the policy was introduced (if you can trust her that is). I'm not sure it can be applied retrospectively but you have to be sure....

flowerybeanbag · 29/01/2008 11:36

ejlk I'd be inclined to risk it, they shouldn't come after you for it as you were not informed beforehand, you should be fine, honestly. I just wondered [nosy] what you were concerned about if you did ask HR.

Karen999 · 29/01/2008 11:51

...!

alfiesbabe · 29/01/2008 23:04

I thought it was always the case that you have to pay back any additional payments made. (I know SMP is different and yours to keep). It makes sense - otherwise you could get a pregant woman who has no intention of returning to work just leaving and carrying on being paid for months!!
That's why many people, if they're unsure about returning, opt not to have the additional money paid at the time, so that they wont have to repay it.

islandofsodor · 30/01/2008 10:19

I didn't return to work after my maternity leave and got extra pay as there was nothing stated in wither the company handbook or maternity policy to say that I had to.

I would have left anyway as my reason for leaving was a house move 50 miles away, rather than not going back to work at all.

I phoned HR and asked them shortly before I resigned and they confirmed it did not have to be paid back.

alfiesbabe · 30/01/2008 12:15

Sounds like an oversight on your company's part there, islandofsodor! As you've demonstrated, you were going to leave anyway, and ended up getting paid after you'd effectively resigned! Which in effect means a pregnant woman who is choosing to finish work and not return is treated more favourably than anyone else who might just decide to stop working.