Maternity repayment - do I have to?

[Mumsupportneeded]

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

@JustMyView13 thank you and my thoughts. I saved my contract and company maternity/parental docs when going on leave as they were for my own records so I have these (none of which mention pay back terms)

@MajorCarolDanvers unfortunately have already been using my accrued holidays for the last bit of my time off before returning to work

You continued to accept the enhanced maternity pay for months after they sent you that document that spelled out the repayment policy. No, the fact that you ignored it likely doesn't change anything. Continuing to take the enhanced pay without objecting to their policy will be considered implicit acceptance of the terms.

You might be able to argue that you don't have to repay the portion from the first two weeks before you were notified of the requirement to repay it if you don't stay with the company for X period after returning to work but frankly the fact that you continued to accept the pay for months after being notified will make even that a stretch. Whether attempting that is worth making it an acrimonious split would be something I'd consider carefully.

I think that by taking the money you have agreed to the terms they sent during your leave, regardless of whether or not you signed.

Do you work ror the nhs by any chance?

@spoonfulofsugar1 nope not in the public sector

What does the company maternity policy say now? It looks like it may have changed 2 weeks into your leave. Get a copy of the policy as it stands now and see if it has a version date.

Enhanced leave is a benefit, it doesn’t need to be in your contract. Benefits often aren’t in contracts so that companies can change the benefits without having to go through consultations.

But benefits should be clearly available. So check the benefits/policies section of your intranet.

That’s good, keep them. And pdf any emails you have with HR regarding your Mat leave too.

I don’t see how they can enforce this. Because if they tried to, you can raise a grievance against the process stating that the policy does not accurately capture all of the important terms of the Maternity Leave.

They sent this letter to you after you started the leave when (I don’t intend any offence here ❤️) but clearly you were vulnerable having just given birth. This isn’t best practice HR at all. Far from it.

I didn't have to pay mine back either. I received a letter before going off stating what my maternity pay would be. Also our employment handbook had the same information in. I would say if it was written down and you wasn't told in advance of receiving the payment you shouldn't have to pay it back. If they sent you an email, you read it and just didn't reply or sign it but continued to take the money they may say you agreed even though not signed.

Tbf even if it wasn’t you’re entitled to do what’s right for you, I’m just bitter after they changed it and I could only take 5 months as couldn’t afford to survive on stat pay alone 😅😥

I do think they’d have an argument for saying you’d accepted it by accepting the money. Could you pay in instalments if necessary?

@Nottodaythankyou123 unfortunately it wouldn’t make sense to leave if they enforce as it’s just too much especially with nursery costs incoming. I’ll have to return if they do

I would check with a solicitor (or Citizens Advice / ACAS / similar) before assuming that taking the money implied acceptance of the terms.
Even if you DO have to pay it back they CANNOT take it from your salary without your consent.
Look up the law on "Illegal withholding of wages". There are very limited circumstances when withholding wages is allowed and it is a criminal offence to do so otherwise.
IF you can't afford to pay it back all at once then come to an agreement for what you can afford.
Even if it's only £10/month, if you can't reasonably afford more then there's no point in them taking you to court - as a court won't ask you to pay more than you can afford.

@Svenred ya I’ll get advice tomorrow. Just financially it wouldn’t make sense to leave for the new job when I’d have to repay this one. I haven’t resigned so will just return if I have to and decline the new offer

Not the company’s that set your maternity pay no? 🤦🏻‍♀️

Depending on your sector/seniority is it worth approaching the new company to see whether they’d either:
postpone your start date so you can work the minimum time required at your current company not to have to pay it back
or pay you an equivalent sum to cover what you’d have to pay back

I’ve known both scenarios happen around this and bonus payments when moving jobs

I respectfully disagree, I am not certain it is legally so clear cut (however anyone feels about morally - the two things are very different!)

There isn't a speck of truth in this at all.

How long does it say you have to return for?

edited: sorry just seen you’ve said 6 months. I would work with them and see if you could negotiate 3 months given the circumstances and see if the other company will wait

That should count in any time that's part of the time you need to work to not pay it back. If you're already technically back although not physically because you're now on AL not ML then whatever your period of return is has started.

@Svenred Morally I worked the 2 years in advance requirement to received enhanced pay. No rules of payback were noted until on maternity.

Hey OP, from a HR perspective I believe they could make you pay this back, yes. BUT a payment plan could be set up to spread this cost where they would likely accept small monthly amounts - so something to consider rather than giving up on the new job completely.

When you say it came two weeks into your mat leave, was that two weeks into your official maternity leave?

Or after you stopped work and were using annual leave prior to mat leave.

@ScaryM0nster 2 weeks into official maternity leave

Even less chance of them successfully clawing it back then. Given this is stated in the policy it would be a very odd omission not to include a clawback clause. See what ACAS say, but i suspect a few emails back and forth with the facts will have this resolved.