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Original poster

Maternity repayment - do I have to?

160 replies

Mumsupportneeded · 23/01/2025 17:52

Hi there,
im in need of some advice. I am due to return to work in March after 1 year maternity leave (some enhanced).
A new career opportunity has come up with better hours pay etc that I’ve been offered. My old job paid enhanced maternity leave and are trying to enforce pay back. There was nothing in my contract/ parental/ maternity docs prior to going on leave about the need to repay.
However they did send a doc highlighting the rule for me to sign agreeing to it but I didn’t see this as it was sent during my maternity and not in advance (i have not signed). Am I obliged to repay, even though notice of repayment was made during my maternity leave and i didnt sign agreeing?
Having to do so will meaning staying as it is too large a sum to repay.

Based in the UK

OP posts:
Housebuy1 · 23/01/2025 17:54

Did they say why the notice of repayment only arrived during your mat leave?

Star81 · 23/01/2025 17:56

It’s pretty standard to have to repay enhanced mat pay if you leave / move on.

Original poster
Mumsupportneeded · 23/01/2025 17:56

@Housebuy1 No I’ve went back to ask if they’re planning to enforce given I didn’t receive until during maternity leave and also I didn’t sign but not sure legally how I stand

OP posts:
MidnightPatrol · 23/01/2025 17:58

I think you need to contact ACAS to get proper advice.

If you haven’t signed anything agreeing to it, they can’t hold you to it.

What does it say in your normal employment contract about maternity leave?

Sounds like an admin cock-up on their behalf, but it may mean you can get round it.

Original poster
Mumsupportneeded · 23/01/2025 17:58

@Star81 bur unless stated and signed accordingly is it obligatory, a lot of company’s don’t

OP posts:
DPotter · 23/01/2025 17:58

Check with your union if you have one, or ACAS.

Check your house insurance - if you have legal cover there'll be a help line you can call for advice

Original poster
Mumsupportneeded · 23/01/2025 17:59

@MidnightPatrol thats what I’m hoping…no mention of repayment of enhanced until that letter while on maternity. Nothing in my contract or any company docs

OP posts:
Original poster
Mumsupportneeded · 23/01/2025 18:03

@DPotter yes I’ll contact ACAS in the morning, no union unfortunately

OP posts:
Mysteryfemale · 23/01/2025 18:03

How much actually is it - have you worked out the enhanced part over the SMP and not the whole amount?

They didn't tell you before you went on leave, they sent the document only after your leave had started (and they had started paying you the enhanced leave?) They would be v unlikely to succeed.

Hold your nerve, say no.

allmycagesweremental · 23/01/2025 18:04

If there was nothing in your contract or maternity paperwork prior to you going off on maternity leave I would guess you are ok. Simply sending you the document to sign whilst you are off would not be enough I don't think. As you haven't signed it you haven't entered into a contract with them so there is nothing for them to enforce. Check with ACAS though to be sure.

Comefromaway · 23/01/2025 18:04

The document doesn’t have to be signed. By taking the enhanced pay you gave implied consent to those terms.

exactly when during your maternity leave did they send it.? Was it during the time you were on your 6 weeks at 90% entitlement or was it after they had already started paying you the enhanced amount?

also how did they send it? Was it to an email address that you had access to during your leave?

Star81 · 23/01/2025 18:04

You really need to wait for their response and then speak to ACAS or u ion of you have one

Original poster
Mumsupportneeded · 23/01/2025 18:06

@Mysteryfemale quite a chunk, too much to be able to just leave and forget. Yes exactly that, don’t want to end on bad terms either just hoping to resolve

OP posts:
stichguru · 23/01/2025 18:07

"However they did send a doc highlighting the rule for me to sign agreeing to it but I didn’t see this as it was sent during my maternity and not in advance (i have not signed)"

3 questions:
Why did this only arrive DURING mat leave?
Why did you not sign it?
Why didn't they follow up on you not signing it?

I mean I think it is pretty standard that the advantage of Mat pay from an employer's point of view is that they keep you going and then get you back! I think it's very reasonable to be expect you to return for a certain length of time after mat pay. However, the fact that this only arrived DURING your mat leave, is their cock up. They should have made you sign it BEFORE paying you mat pay.

I think you need legal advice on this one. I would have thought there might be a general rule on returning mat pay if you leave, that they could argue you agree to when you take mat pay. There may absolutely not be though!

Original poster
Mumsupportneeded · 23/01/2025 18:08

@Comefromaway 2 weeks into mat leave. It was sent to a personal email but was the day before giving birth so I missed it.

OP posts:
Original poster
Mumsupportneeded · 23/01/2025 18:10

@stichguru i believe it came late as the person in charge was on mat leave herself just returning. But I had all other maternity documents well in advance.

OP posts:
CorgiAPlenty · 23/01/2025 18:11

Mine was definitely in my contract before I went off on maternity. It also stipulated that I had to work either 13 weeks full time or 26 weeks part time to not have to pay the enhanced maternity pay back. This was all made very clear to me by HR when they walked me through the pay I would receive.

Strange that this is not in your contact as a standard clause.

Original poster
Mumsupportneeded · 23/01/2025 18:12

Thanks for all the advice I will call ACAS in the AM and hopefully have an answer.

OP posts:
rubiconartist · 23/01/2025 18:14

Star81 · 23/01/2025 17:56

It’s pretty standard to have to repay enhanced mat pay if you leave / move on.

Yes, if it's in your contract/terms and conditions.
Springing it on someone when mat leave has already started is very different.

smilingeleanor · 23/01/2025 18:16

it'll be in the company maternity policy - check that. If it's there then yes you will have to pay it back

WannabeMathematician · 23/01/2025 18:17

I don’t think it’s as standard as people think it is. If I hadn’t returned to my job there wouldn’t have been anything to repay.

how long would you have to work before you had to repay nothing? Could you use all your accrued holiday instead? I’m not a lawyer but I would consult one (or ACAS) because they can’t spring extra terms on you once you’ve already started. But I think if you don’t repay it you’ll have to expect that bridge to be burnt.

rwalker · 23/01/2025 18:17

Mumsupportneeded · 23/01/2025 17:56

@Housebuy1 No I’ve went back to ask if they’re planning to enforce given I didn’t receive until during maternity leave and also I didn’t sign but not sure legally how I stand

Edited

Not 100% but there is such a thing as acceptance by conduct
basically they sent you the info and you took the money the fact you haven’t signed doesn’t always come into it

Dietingfool · 23/01/2025 18:20

Does your contract not say the terms of the policy (all policies) will apply? If the contract is silent, then it is down to the policy. I’m not sure why they asked you to sign anything this wasn’t necessary,

TeenLifeMum · 23/01/2025 18:20

What was the policy in place when you went on maternity leave? That will be the deciding factor rather than what’s in your contract.

Gravitasdepleted · 23/01/2025 18:22

I had no requirement to pay mine back, so it's not standard. Probably need legal advice and check published company policy. You could argue you would have resigned sooner if you had known.