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Original poster

Contractual maternity leave = nightmare!!

17 replies

JellytotZ · 17/02/2010 12:05

My baby is 4 months old, and my original plan was to go back to work full time after 6 months. I had a real battle which involved solicitors getting the maternity leave that I was entitled to in the first place (due to a change in my contract) but i won tribunal and 6months maternity leave at full pay.
Having had my baby my outlook has completely changed and i want to be a SAHM or at the very least be with her full time until she is 1year old. Howver, my dilemna is that.....after fighting for the contractual maternity leave of full pay etc the clause is that i have to return to work for at least one year once (after max of a year is up) .... if not, i have to pay it all back!

Does anybody know if this clause is actually law-abiding or a term set out by my employer?? (I am a teacher)

I would strongly argue that nobody can predict their future employment intentions before they have been hit by the glorious wonder of parenthood!!! I feel like im trapped into going back, putting baby into childcare, or get penalised for having had the 6months at full pay.

Anyone been in the same position or shed any light?

Jellytots

OP posts:

Original poster

JellytotZ · 17/02/2010 12:07

I forgot to add that the cover arranged for my leave couldnt stand it and left before Xmas and the deputy has been filling in from then....and she is now signed off with stress! This is not a job I want to return to at all. I want to stay with my baby until she turns one and apply for a new teaching position elsewhere.....but obviously the maternity clause as mentionned above is causing me great problems and unease at a time which is so precious that i should be enjoying with my baby! *rant over!

OP posts:

CMOTdibbler · 17/02/2010 12:20

If it's the contract that your stat maternity pay is topped up by your employer, with the proviso that they get that back if you don't return, then that is how the money has been paid to you, and they can legally recoup it.

You took the money knowing the terms, so yabu to complain about it now tbh

MrsBadger · 17/02/2010 12:32

I think these type of clauses are fairly standard - everyone I know who gets 6m at full pay has to go back for some time - varies from 1m to 1y depending on employer.

It's not a legal necessity for employers to do this, and it's not illegal for them to do it - it's up to them, and to you when you accept the contract.

So basical;ly, you are stuck. Sorry.

flowerybeanbag · 17/02/2010 12:33

If your employer offers maternity pay over and above the statutory minimum they can basically put more or less whatever terms and conditions they like on it, as long as you are aware of those terms and conditions beforehand, which you were I presume?

Northernlurker · 17/02/2010 12:33

Are you for real? If you weren't 100% about the job you never should have taken the full pay!

Whilst none of us know how we will really feel, when taking additional maternity pay you do have to take a stab at what you can live with.

You also need to bear in mind that additional maternity pay is not a gift from your employer. It's a benefit you receive to support you as their employee. They are not paying you for fun but because they expect to continue to benefit from your presence as an employee. This is not unfair on their part. You knew what you were getting in to and you may not like it but your options are pay it back or stick it out.

IHaveABlueCar · 17/02/2010 12:40

I was in the same situation. Before having my ds I said I'd take 6 months off at full pay. In the end I wanted to take 12 months and had to pay back the extra I had received. Totally fair play I reckon, do you honestly expect to get 6 months full pay and then just walk away?

LIZS · 17/02/2010 12:40

If that was stated up front then yes they can demand the enhanced pay (whatever was over and above smp entitlement )back, sorry. However you can wait until towards the end of AML to decide finally and it may give you a chance to save up.

Original poster

JellytotZ · 17/02/2010 13:00

Thankyou for all your comments.

I have the year off if i want it, but only 6months at the full pay. I was totally expecting to return but the place has fallen flat since i left with various staff coming and going so now, no, i do not look forward to the tedious task of rebuilding what work i had already put in place before my maternity.

I understand now there is little i can do about this. I will probably go back 2days a week and grin and stick it out! need to accomodate my childcare arrangements too.....then im out of there!! if only we could foresee into our futures hey!

OP posts:

Northernlurker · 17/02/2010 13:07

If you want to take the year you will also get another three months at statutary maternity pay rate - £100 + a week because that's paid till 9 months/39 weeks.

If you want to go back 2 days a week you do know you will have to apply for that under the flexible working regulations? Your request can be refused if your employer can show a business reason why it's not possible. Job shares are very well known in teaching so I expect you will be ok but don't take that for granted - put your application in!

PureAsTheColdDrivenSnow · 17/02/2010 13:12

I had 6mo full pay, and took a year off. If I had resigned after my mat leave and not gone back they would have been within their rights to ask for the top-up money back.

moomaa · 17/02/2010 13:15

I worked in local government and we got a small top up to SMP (not 6 months!!), we had to go back for 3 months to keep it, however if you were full time and went back part time it got prorated to the equivelent (so if you went back 0.5 you had to stay 6 months) so watch for that. It wasn't such a big deal for me because I had leave accrued during maternity so used that to offset it and only went from 5 to 4 days.

Where I worked you could choose to have it paid on your return if you wanted. I had it paid but kept it in a seperate account so I could pay it back if I had to. They made it very clear this is what would happen. We used it as a trial to see if we could cope on DH wage alone.

JustAnotherManicMummy · 17/02/2010 13:16

You are very lucky your employer gives you anything above the minimum. Many don't.

You are more fortunate than many of us - be thankful you have choices. Be grateful - it'll make you feel better.

LIZS · 17/02/2010 13:19

Agree you may need to check the back to work conditions , as if they agree to pt then it may affect how much/how long. They aren't obliged to agree to a change of contract though, just consider your application and have a reason to agree/decline. These schemes are designed to retain staff by incentivising them to return and stay.

violethill · 17/02/2010 13:24

What everyone else has said.

It's the same for everyone, no one can predict the future, you make your decision and accept the consequences. If you're at all uncertain about returning, there's always the option of NOT taking the additional maternity pay at the time you're off. If you choose to take it, then you need to be aware that if you don't fulfil your side of the contract, then you're duty bound to pay it back.

Also agree re: the part time thing. Don't assume anything. The only thing you have the automatic right to return to is your previous job. (And that's if you take 6 months off - any longer and you don't have that right - just an equivalent post). So I would put in a request to change your conditions now. If the post is as difficult to fill as you make it sound it could swing either way - they may feel it'll be impossible to fill with another part timer to fit around you, so the best thing is to sort out what you intend to do asap.

RibenaBerry · 17/02/2010 16:01

You sued them for the money and now you don't want to go back?

Sorry, as others have said, provided the term is clear upfront, it's enforceable. You won't have to pay back the SMP element.

TBH, since you are only four months in, I would try and bank the last two months and the SMP you will get for months 6-9 as a fund in case you do decide not to go back. At least that will pay back some of it. If you can't live without this money now, then not going back's not an option anyway...

welshandproud · 18/02/2010 17:55

You will have to pay them back i'm afraid.

I have had 2 consecutive maternity leaves running back to back as there is 13 months between by last 2 DC. I was expecting to go back at the end of the year,so i took the maternity pay. However i was 30 weeks pregnant by the date i was due back to work. I asked the LEA to freeze my pay for the 2nd ML as it was starting to look unlikely that i would be able to return with 3 children under 3.They have informed me that if i fail to return for 26 weeks i will owe them nearly 4k from last year. Yes it hurts but it seems only fair as i didn't keep my side of the bargain!

Just as an aside, i'm planning on applying for a career break for 2 years from my school. Does anyone have any experience of this?

lou031205 · 18/02/2010 19:02

If you look carefully at your T&Cs, you might find that the stipulation is either that you return to the same post, the same LA, or any LA, so you could possibly find an alternative post to return to.

I know that my NHS contractual maternity leave conditions stipulated return to post, or for another NHS employer. So I could have moved county, but still retained the money, if I got another post.

I knew that I wasn't likely to want to go back with my second baby, so I wrote a clear letter stating that I DID NOT want to receive Occ Mat Pay.

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