Paying back maternity pay???????

[didsnbump]

Im currently on maternity leave, due to return in december although i dont think i will return.

A few people have said to me that if i dont return i will have to pay back my maternity pay. A friend of mine who went back to work early part of the year was told the same by her boss. Surely this isnt correct??

fraid so, if I don't go back I will have to pay them 3months worth I think

Depends a/on what you've been paid - statutory mat pay is never repaid and b/what it says in your company policy, which you must have been given the opportunity to read. Unless it says the money paid on top of stat mat pay has to be repaid if you don't go back to work, then you don't have to.

read your contract
they are within their rights to ask you to pay back anything they paid you over and above stat

Ive only ever had stat as far as im aware! So i should be fine then yeah?

sorry I get some percentage of wages for about 9wks then onto Stat (£100 per wk?) for the rest of the time so think I'd be paying back the original bit?

Nobody every really explained anything, i got 90% i think it was for 6 weeks and the rest is something like 112 a month!

extra maternity pay is often paid back if you don't return

stat maternity pay is paid by the state not your employer so no need to refund

no extra mat pay is on TOP of your 90% or whatever it is

here you get 100% for three months, then stat pay (112 a week or whatever it is)

if you don't got back you repay the 10% difference

For the avoidance of doubt, see here for details of exactly how much SMP currently is.

Everyone is right, if you have been paid anything over and above SMP, your company can basically set whatever conditions they like on it, and you might have to pay it back if you don't return to work for a set period. BUT if they do that, they should make you aware beforehand.

Sounds like you'll be absolutely fine.

Yes I think the important thing is they would of had to have made you aware of it before you went on maternity leave. Would of had to of said in original contract or in company handbook if you have one. Good luck

Yep, you need to check the terms. Part of my maternity leave (3 months) is unconditional but the rest is conditional on my return.

This is statutory maternity pay:

Statutory Maternity Pay is paid for a maximum period of 39 weeks. It is paid:

at 90 per cent of your average gross weekly earnings with no upper limit for the first six weeks; and
for the remaining 33 weeks at either the standard rate of £117.18 or 90 per cent of your average gross weekly earnings (if this 90 per cent rate is less than the standard rate).

If this is all you got, you will NEVER have to pay this back.

If you got more, then you only need to pay it back IF the employer told you this would happen beforehand.

Thanks for all your help everyone, thats my questions answered x