Not paying back mat leave

SarEl

The old role/ new role / didn't sign a contract thing is a red herring. Did the OP claim her full maternity leave entitlement - yes. Was that entitlement based upon her returning to work at the end - yes. Case over.

Mark_h_4

Im sorry but the money will have to be paid back. My partner asked about this similarly when she was on maturnity leave or just before she went on it and she was told if she didnt go back it would have to be paid back (In full I believe).

getmore4less

SarEl wrote: »

The old role/ new role / didn't sign a contract thing is a red herring. Did the OP claim her full maternity leave entitlement - yes. Was that entitlement based upon her returning to work at the end - yes. Case over.

Even if made redundant?

Mark_h_4

getmore4less wrote: »

Even if made redundant?

Correct me if im wrong but i dont think unless the company goes bust you cant be made redundant when on maturnity leave?

In this case the op hasnt been made redundant from what I can tell.

mildred1978

Mark_h wrote: »

Correct me if im wrong but i dont think unless the company goes bust you cant be made redundant when on maturnity leave?

In this case the op hasnt been made redundant from what I can tell.

You are wrong. You most certainly can.

(by the way, I like the idea of 'maturnity' leave - you most certainly do mature whilst on maternity leave!!)

mildred1978

getmore4less wrote: »

Even if made redundant?

The OP wasn't made redundant (by virtue of her demanding the other role).

Mark_h_4

mildred1978 wrote: »

You are wrong. You most certainly can.

(by the way, I like the idea of 'maturnity' leave - you most certainly do mature whilst on maternity leave!!)

Oh okay thanks for letting me know

Andy_L

agrinnall wrote: »

However, I'm not sure how they've arrived at a figure of £2077. They could require you to pay any extra cost over what they would have paid for you to do the job for another 3 months, for instance by employing an agency worker, but I think they would need to justify how that figure has been calculated.

I suspect its the maternity pay they have paid above the statuatory amount

DeviantDepp

Wow, long time lurker here and I can't believe the responses the OP has got. Lots of assumptions being made here and accusations of 'demanding a job' when she is perfectly entitled to be offered a suitable alternative role during maternity leave.

I know much can be read from the phrasing of the question ('getting out of paying it back') but I dearly hope there has been no family tradgedy which has prevented the OP from being able to return to work- I can see nothing in the post which says she never intended to.

For my own two pennith: I work in HR in a University and would expect that the OP will have to pay back the overpayment. We have a clause in out Maternity Policy which states that enhanced pay is only made on the basis that the member of staff returns to work for 3 months at the end of the leave or any additional payment will be reclaimed. I agree that continued payment of Maternity pay (if past the date at which redundancy would occur) implies continued employment so the T&Cs would apply. However- we have the discretion NOT to claim the money back given the individual circumstances of a case, the OP may wish to speak to her HR if her circumstances have changed preventing her from returning.

mountainofdebt

DeviantDepp wrote: »

Wow, long time lurker here and I can't believe the responses the OP has got. Lots of assumptions being made here and accusations of 'demanding a job' when she is perfectly entitled to be offered a suitable alternative role during maternity leave.

I know much can be read from the phrasing of the question ('getting out of paying it back') but I dearly hope there has been no family tradgedy which has prevented the OP from being able to return to work- I can see nothing in the post which says she never intended to.

Regardless of the reason the OP isn't returning to work, she can't play the employment laws regarding maternity when it suits her whilst abidign by the rules when it doesn't.