Paying back maternity leave if I do not stay at work for the min time

[aby15v]

I was wondering if anyone had advice on an employer making you pay back maternity leave.

When I went on maternity leave I had to sign a form saying "I understand that if I do not return to work for 5 months then I have to pay back maternity pay less SMP".

I have gone back to work and for various reasons (personal and job related) it is not working. I have raised the job issues with my manager who just shrugs his shoulders, so I now want to leave. I cannot afford to pay back the maternity leave as it was alot as I was on full pay for a while. But I can not face the thought of sticking it out for the full 5 months.

So as I would have done 3 months plus I still have 5 weeks holiday to take which I accrued whilst on maternity leave, would the company try and get me to pay it all back? Does anyone have any experience of a similar situation? or advice on how to approach the company.

I'm not sure, but it seems to me that if you could stick it out for another 3 weeks you could give notice of your intention to resign 2 months from now, and book your 5 weeks holiday and then you'd have done your full 5 months and shouldn't need to pay anything back.

They can make you pay it back but its at teh discretion of your employer.

I had problems when I went back to work as they would not let me work p/t when I requested to. Plus they didn't want me back as I could not return to my original job as I was still B/F and I could not do my job (involved raw sewage) while B/F. They told me if I wanted to leave I didn't have to pay my maternity pay back.

Our place you only had to return for a month and, if you wanted, you could use your accrued annual leave as the month's notice and that would be it. I guess everywhere has different policies though

How much notice do you have to give? I'd do what Ladybee says, but book your holiday and then give your notice while you're off.

Do you know how much it would be? I didn't want to go back and had thought it was going to be a ridiculous amount. Actually, minus holiday owed it wasn't that much at all and like you I'd been on full pay for 6 months while on mat leave. Can you ask your HR department?

Do you know how much it would be? I didn't want to go back and had thought it was going to be a ridiculous amount. Actually, minus holiday owed it wasn't that much at all and like you I'd been on full pay for 6 months while on mat leave. Can you ask your HR department?

Given the current downturn you may find that you could cut a deal with them - ask them if they'd like to reduce their workforce by one (ie you) in return for you not having to pay back. Worth a go.

I think in your position I'd be taking a creative approach to the remaining two months - take some of your accrued leave in every single week, reducing your hours to two days working per week or however it works out. Then at the appropriate point, worked out to the last day, hour and whatever you need to - you put your notice in, having already booked all the leave that you wish to take prior to this.
Any help?

I'd just say to your manager that you are planning to leave but can't afford to pay back the extra so will be remaining in employment until the 5 month point. You have 5 weeks holiday to take so you are proposing to take it for the last 5 weeks of that, which effectively means your last day in the office will be X.

They could potentially say that you can't take that holiday then and must instead work the time and receive the holiday pay in a lump sum, but, as that would cost them 5 weeks more pay, I would imagine they'll be fine with the first option. A compromise somewhere in between might also be an alternative, where you take a few days holiday every week or something, which will make life easier for you.

Alternatively they may be happy to just let you go early without paying it back if they are looking to cut costs/headcount.