Resigning from job whilst on maternity leave, how do you negotiate repayment of 'occupational maternity pay'?

[anniz91]

Hello

I am receiving OMP and SMP during my maternity leave. Due to change in circumstances I am resigning from the role. My contract states that I have to work 13 weeks if I resign as I am receiving OMP.

My question is has anyone been in this situation, how have you dealt with it? I am not considering going back to work early but I am wondering whether this can be part time rather than full time due to childcare issues to pay off the OMP?

@anniz91 you will have accrued annual leave. If you take 12 months as a minimum this is 28 days or 5.6 weeks.

In my experience this can normally be used against the 13 weeks.

If you accrue any more leave great.

That leaves 7.4 weeks of the 13 weeks. However, talk to your employer as you could phase this leave to enable you to work the 13 weeks e.g. take 2 days leave each week and work 3 days = 26 days leave so 2 weeks you could work 2 days. Plus you accrue leave during the 23 weeks e.g. 28/4 = 7 days, again this can reduce working days.

My advice talk to HR and ask them to confirm how much leave you have accrued to the end of may leave. Ask for a phased return and explain what you are proposing. A good HR professional will help you.

I “accidentally” told the biggest snitch I knew at the company that I was going to go back just long enough to get my end of year bonus and not have to pay back my OMP .
I was invited to an informal chats with my manager who didn’t reference it at all but offered to ensure I got my bonus etc if I resigned, I got it in writing then 1 month before I was due back I resigned.

In my old job we could use holiday pay.