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Confused about avoiding paying back maternity pay…

10 replies

lucysnowe · 01/12/2008 14:20

Hi all

So I am back at work now and am planning to stay just until I don't have to pay back my maternity pay (I know, I know..). So do I just have to work the normal notice period given in my contract - so I could give notice tomorrow - or is there some kind of standard time period of three months? I always assumed it would be three months but I don't know where I got that info from.

Thanks!

OP posts:
sis · 01/12/2008 14:23

Unless your contractual maternity pay provisions state anything different about it, just the standard notice period set out in your contract of one month will do.

andyrobo237 · 01/12/2008 14:30

Our maternity pay (local Government) was that you had to return to work for 3 months to keep all the extra pay - and it did not matter whether you went back full time or part time. It was written down in the maternity booklet produced by them.

I would think that you could hand in your notice within that time, so if you had a months notice, then you would have to work for 2 months before handing in your notice (in my example)

ilovetochat · 01/12/2008 14:32

3 months at my place of work.

Sidge · 01/12/2008 14:34

You don't have to pay back SMP but if your employer paid anything above that it should say in your contract what the payback period is.

Can you call HR and ask them?

ilovemydog · 01/12/2008 14:35

It would be in the company's maternity policy, and varies from company to company (and sector as public sector tends to be more generous)

lucysnowe · 01/12/2008 17:07

I think I will have to ask HR. It is a bit rich tho. There doesn?t seem to be anything in my contract or maternity policy!

OP posts:
LIZS · 01/12/2008 17:18

If it is a discretionary payment over and above SMP then it should have been stated if it were repayable and under what conditions in writing before you went on ml. Otherwise you can't be expected to repay and can resign. SMP is yours to keep regardless.

lucysnowe · 01/12/2008 21:29

Ta LIZS and all. I can't recall anything being said about repayment. It is a big company tho - I don't see how they've omitted it! I will have to delve further.

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flowerybeanbag · 02/12/2008 14:27

I usually make sure it's in both the maternity policy (in the section covering enhanced maternity pay) and also in the letter sent out to the individual confirming their dates of maternity leave. Do you still have that letter?

lucysnowe · 02/12/2008 21:36

Aha, the letter. flowery, I will have a look. DH says he is sure it is three months too.

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