Repaying maternity pay - advice please

[KateW]

I'm trying to establish what would happen with regards to paying back maternity pay if I decide not to go back to work after a year off. I work for a big charity and in our maternity policy, it mentions nothing about having to repay anything from them; all it says is 'The date of your termination of employment may affect the level of payment due to you from the Department of Work and Pensions'. But then in the pregnancy book given to me by my midwife, it says that 'you do not have to repay any of the SMP you received'.

My friend works for a local authority and had to return to work for 3 months after her 12 month maternity leave or she would have had to have repaid some of the money she'd received. So, I'm just wondering what other people's experiences have been? Is it always the case that you have to return to work or repay some payments? (NB. I haven't discussed this with work yet as I don't know what I'll decide to do).

Thanks in advance, Kate.

[Moos]

Hi Kate

You'll need to check your contract, but I believe your employer would have to state specifically in that (or any letter they sent you relating to your maternity pay) that you would be given maternity pay on terms.

SMP is definitely a contractual right, and does not have to be repaid. However, some companies provide additional maternity pay over and above their legal obligations on the condition that the person returns to work after their leave, or else a 'return to work' bonus.

ACAS are a very good source of information on this and other employment law / rights issues.

Good luck!

[Fuschia]

Yes, Moos is correct. Have you had any pay over and above the statutory minimum, do you know?

[Keef]

Mrs Keef works for Guys&Tommys NHS Trust, and I think she said she'd have to go back for 6 months, or have to repay money.

F**kers didn't pay her a penny in the last year though, as they delayed her contract, so she didn't quite qualify. As a result, I don't think she feels any loyalty towards them anymore!

[littleEDfamily]

Yep - agree with Moos and Fuschia. Check your contract and any other documentation (e.g. maternity policy/ employee handbook) that is relevant to your leave. Unless there is something specific relating to repayment of discretionary maternity pay, you should be good to keep it all!! Def won't need to pay back SMP.

[KateW]

Thanks guys! Yes, with the organisation I work for, I'll be entitled to 18 weeks full pay then 21 weeks SMP. I can't see anything in our maternity policy that states I will have to repay anything to them but I just wondered if this was normal.

[sanity girl]

Hi Kate

I will be taking maternity leave later this year and my company maternity policy specifically states that if I don't return to work I will have to return the 18 weeks full pay I am entitled to. I think they will also get me to sign a letter acknowledging this before I go on leave.

[craigy]

my understanding is that it is the OMP you have to repay and not the SMP...

For example I work for the NHS and their mat leave is 8 weeks full pay, 18 weeks half pay with SMP then 13 weeks SMP & 13 weeks unpaid. I thought that if I did not return for 3 months (can be part time or full time) then I had to repay the OMP (occupational mat pay) which is the 18 weeks half pay......

[Fuschia]

http://www.direct.gov.uk/en/MoneyTaxAndBenefits/BenefitsTaxCreditsAndOtherSupport/Expectingorbringingupchildren/DG_10018741