maternity pay due back?

[rollerbaby]

if a company does not have a policy in writing, would I be liable to pay the money back should I not decide to return to work?

Is this maternity pay over and above SMP? If it's extra your employer offers, they would need to make it clear to you beforehand that you would be expected to pay it back. So if you've been given extra pay and not made aware of any rules about paying it back, then no you will not be liable.

If it's just SMP, then it makes no difference at all - you'd never have to pay that back.

It's been "mentioned" verbally but not which bit of the pay and how much. There is no policy in writing so I can't see how they can enforce it really.

No you'll be fine. A vague verbal mention won't be enough to enforce it. They'd have to specify how much you'd have to repay and how long you have to return to work in order to keep it entirely.

Do you have holiday owing or anything? Only reason I ask is because if you have a significant final salary payment owing to you if you leave, there is of course the danger that they might deduct from it, meaning you have to fight to get the money back rather than refuse to pay it in the first place.

I assume you are on leave now?

If you are just planning things, just be aware that putting it in writing in the maternity leave letter would probably be enough too (most handbook policies are vague enough to allow extra conditions to be added in this way)

No not yet... haven't had a letter yet though, so maybe they'll give me one before I go. Obviously can't ask!

Oh I assumed you were on leave and contemplating not returning. If there is a policy of paying money back and it has been mentioned, I would expect them to put it in the letter.

As long as they write and confirm that is the case , usually once you have handed in your MatB1 and decided when to start your ml , then yes they can put conditions on any money paid over and above smp - such as a minimum period to work for them after ml or on the assumption you will return. If you are unsure then best to set that money aside until you make the decision.

I agree with the others, if it has been mentioned verbally, it will almost certainly be included in the letter and then (provided that letter is clear enough), they can ask you to repay.

(Lizs - totally agree with what you said. The reason I was slightly cautious is that you do come across the odd handbook where the maternity policy is accidentally contractual, so it is much harder to then add extra conditions in a letter. Bit of a stretch, but I've seen it!)