Ending fixed term on Mat leave

[LeaahB]

Hi!
My contract is a fixed term with the NHS it is due to come to an end in April 23 I’m currently on maternity leave and not due to return until after my fixed term ends. When you go on to Mat leave the sign to say you will go back for a minimum of 3 months otherwise you have to pay back your mat leave.
I am not actually wanting to return to work due to child care costs - I wondered if anyone knows if there is a way out of this paying back my mat leave due to my contract coming to a end.

thank you

This is from the NHS AfC T&C handbook:

Fixed-term contracts or training contracts
15.83 Employees subject to fixed-term or training contracts which expire after the 11th week before the expected week of childbirth, or the date of matching, or the 15th week before the baby’s due date if applying via a surrogacy arrangement, and who satisfy the relevant conditions in paragraphs 15.14, 15.15 or 15.17 shall have their contracts extended so as to allow them to receive the 52 weeks, which includes paid occupational and statutory maternity / adoption / shared parental pay, and the remaining 13 weeks of unpaid maternity / adoption / shared parental leave.
15.84 Absence on maternity / adoption / shared parental leave (paid and unpaid) up to 52 weeks before a further NHS appointment shall not constitute a break in service.
15.85 If there is no right of return to be exercised because the contract would have ended if pregnancy and childbirth / adoption / shared parental leave had not occurred or been taken, the repayment provisions set out in paragraph 15.82 will not apply.
15.86 Employees on fixed-term contracts who do not meet the 12 months’ continuous service condition set out in paragraph 15.105 or 15.108, may still be entitled to Statutory Maternity / Adoption / Shared Parental Pay.

That said, you don't have a right to refuse to return if they offer an extension or a suitable alternative role. So it would depend on the employers actions. If you refused an extension or suitable role then they could activate the clawback.