NHS returning to work

[Strawberriesandcreammm]

posting on behalf of a friend.

so basically I’ve been diagnosed with postpartum depression and anxiety after having Alex, I’m due to return back to my full time roll at the NHS, the doctors don’t advise me to go back currently as they think it will ruin the process I’ve made with my CBT therapy however I have to return else I have to pay back money I have one month notice to work but 3 weeks annual leave to take but I’m worried if I cannot work the notice will I have to pay back everything? This kind of stress is making my anxiety get worse and I’ve not even been able to eat the past few days any advice is so so appreciated

Just have a conversation with HR - you're entitled to sick leave just like any regular employee so if your doctors advice is for sick leave, you go 'back to work' but are signed off at the same time.

I think she stated she has to pay maternity pay? Bakc if she doesn’t return but unsure if it’s the same for mental health?

you can self cert for a week and use your annual leave or ask a doctor for a sick note for a few weeks and use annual leave. You don’t have to physically return.

@Strawberriesandcreammm just get a sick note and forward to HR. When you are better use your annual leave to phase back to work.

She’s been told that she has to ‘work.’ The weeks notice else she has to pay back the full maternity amount to the company as they give something called OMP? ( think that’s right.) she was hoping to use her annual leave as the notice but it means working a week but from what her GP states she’s not fit for work currently. I can’t advise her much as I don’t work for the NHS

The doctor's fit note would cover that week's "work". However most employers require returning for more than a month post maternity to avoid repaying omp ( the smp element is hers to keep regardless) so she will need to double check.

Just a thought. Are you sure it’s a month, NHS is usually 12 weeks before OMP has to be repaid?

Can she afford to repay the money? Poor woman. Postpartum depression and this stress on top.

Can't she speak to her manager? As a clinical lead in the NHS, if a member of my team came to me with this predicament I would do everything I could to resolve the situation- light duties, graded return, WFH etc.

@Strawberriesandcreammm “work” can be defined as many things, annual leave, sick leave etc. it is time when she is an employee and would be working except she is sick.

Why is she resigning instead of taking sick leave until recovered?

My NHS trusts policy is that you can announce your date of physical return to work as per the maternity policy, usually after using up your accrued annual leave, and then when your day of actual attending work arrives you just sign off sick as normal, producing a doctors note if relevant (as it is with your friend). Pay will restart as normal, and maternity leave is then over, and you just revert to being on the sick policy. I've had to deal with this for a couple of staff - one mental health one physical health and was no problem. Hope your friends trust policy is the same. If she can she needs to get hold of the maternity and sick policies (will be on her trust website) and hopefully they will reassure her.

It’s definitely a month they stated all band 1-4 are one month notice as checked by the payroll policy apparently however I’m not sure how that works for her owed OMP. I think it works out just shy if £7k for her so she’d need to do instalments.

part of her depression was caused by the work place I believe they bullied her a lot through her pregnancy calling her fat for eating things she ‘shouldn’t.’ Like chocolate etc and also they judged the amount of scans she was receiving as she had a threatened miscarriage they were calling her awful names so she’s too scared to go back ontop of her diagnosis. She’s going to try and speak to HR about it but she’s apprehensive as the manager last time told everyone what was going on in her life breech of private and confidentiality.

the NHS sounds like a nightmare to work for in my opinion!

Is this the same for resigning? She can come off MAT LEAVE and then use her annual leave then sick note?

In my trust it's one month notice for band 2-4 but you still need to work 3 months or pay back your OMP. You actually need to physically work the hours not take sick or annual leave, but other trusts may be different.

Your friends best bet is to go off sick until she's feeling better and in the meantime focus on finding a different role in the NHS so she can avoid repaying.

It seems harsh but it's a clear condition of accepting OMP.

So regardless she’ll need to work three months in order not to pay it back correct? If she doesn’t and pays it back is it instalments or one full amount?

That is definitely the case in my trust, but like I say others could well be different. I'm sure they would accept installments if it came to it

The one month's notice to quit is separate to the conditions of omp which are often three months. They might accept a repayment plan but if she had no intention to return it was foolish to spend it without checking. The reasons for her absence are no longer there, could she give working a try to see it through? Has occupational health been involved?

If she really doesn't want to go back to that role she may be able to be redeployed and avoid repaying. But yes ultimately if she doesn't return anywhere at all she will have to repay in full. She would have to ask whether they accept installments. Sounds like she needs to involve HR ASAP to discuss her options.