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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:
CurleyShirley · 31/01/2008 11:43

I had been wondering this recently. I am a civil servant and - wonderfully - got 6 months full pay when gong on ML. I have just had confirmation from my HR that do not have to repay any of this if I choose not to have to return - so its not unheard of, and not the case that you always have to pay back (though realise I am very lucky). The conditions for me to receive this pay was that I was in emplyment for x amount of time prior to my pregnancy etc etc, but nothing conditional on reutrning to work.Ejlk - if it is not in your letter, I think aboslutely fiar to assume - and argue - that you do nto have to repay. My view is that if you dont have it set out in your letter - then they wouldnt have a leg to stand on...

seeker · 31/01/2008 11:45

The Civil Service never came after me and it's been 11 years.......!

rantinghousewife · 31/01/2008 11:49

My midwife (when I was expecting dd) told me it's quite common, she was staggered by how good my mat pay was and told me to ask whether it would need to be paid back.
When I asked HR they thought it was hysterical that I thought I might have to pay it back. But the MW seemed to think that it was the norm to have to pay it back.

CurleyShirley · 31/01/2008 11:51

Yes, rather the view of my HR too, rantinghousewife. though when i have told people (friends) that I plan not to return, I have been told it is unheard of to not have to pay back etc etc. So I had a bit of a panicky moment, but have now realised its not!

alfiesbabe · 31/01/2008 22:59

Well I guess if the money's there for the taking, you'd be mad not to! But it is rather odd, and seems discriminatory against any one else who decides to leave and just happens to not be pregnant!

CurleyShirley · 01/02/2008 10:25

Though you could argue exactly the same about statutory pay I guess?!

Original poster
ejlk · 05/02/2008 08:30

I don't think it's going to be an issue, I caught up with an ex-colleague who had a baby just before me, she returned for 3 months and then resigned. She wasn't asked to repay the AMP. I think this precendent, together with the absence of any mention of the policy in my letters and handbook put me on pretty solid ground.

OP posts:
elkiedee · 18/03/2008 19:46

ejlk, what did you decide to do in the end? Are you still at work or have you given up?

norah13 · 08/06/2014 09:49

Hi, could anyone help please, I'm due to return to work which I am dreading but I have to return for a minimum of 3 months or I have to pay back my leave. My question is if I leave can I pay it back in installments or if I am signed off with "not ready to return to work" (which my doctor said) would that count as my 3 months? Any advice would be much appreciated thanks

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