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NHS returning to work after mat leave

3 replies

Sophiedrop95 · 29/01/2024 16:36

I'm currently 5 months into my mat leave and am trying to avoid returning to my role when it comes to an end. If I move to another role within the NHS do I still have to pay my mat leave back? Or does the new job have to be in the same Trust? Or do I just have to stick it out for 3 months? Just trying to get some clarity on it before I get set on not returning. TIA x

OP posts:
Propertylover · 30/01/2024 14:18

https://www.nhsemployers.org/publications/tchandbook

Are you covered by this NHS Staff Handbook? If so it states
Maternity leave and pay:15.14 An employee working full-time or part-time will be entitled to paid and unpaid maternity leave under the NHS occupational maternity pay scheme if:
i) they have 12 months’ continuous service (see paragraphs 15.106 to 15.109) with one or more NHS employers at the beginning of the 11th week before the expected week of childbirth;
ii) they notify their employer in writing before the end of the 15th week before the expected date of childbirth (or if this is not possible, as soon as is reasonably practicable thereafter):
(a) of their intention to take maternity leave;
(b) of the date they wish to start their maternity leave – they can choose when to start their maternity leave – this can usually be any date from the beginning of the 11th week before the baby is born (but see paragraph 15.24);
(c) that they intend to return to work with the same or another NHS employer for a minimum period of three months after their maternity leave has ended;
(d) and provides a MATB1 form from their midwife or GP giving the expected date of childbirth.

Based on (c) you just need to return to the NHS. Personally I would double check it with your HR.

NHS Terms and Conditions of Service Handbook

Handbook amendment number 52 TCS Advisory Notice (02/2023) 

https://www.nhsemployers.org/publications/tchandbook

Lilyastar · 01/09/2024 00:05

hi just wondering what the outcome of this was? I’m kind of in the same boat except I’m due to return in 3 weeks but really don’t want to go back due to childcare. I am on the staff bank which is a separate nhs payroll and obviously zero hours but I’m wondering if I don’t go back to my main post and do bank only would I need to repay my omp

WatermelonRed · 01/09/2024 09:11

It’s for any role within the NHS, this doesn’t include bank work though.

It also depends how nice your manager is to whether you even need to go back at all. I was lucky enough that they reduced my hours to 1 day per week so I could use my accrued holiday for the 1 day per week for the 3 months required and never have to physically be back before I left.

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