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Not paying back mat leave

124

Comments

  • beepboes wrote: »
    Do you think i will be able to get out of paying them back? Thanks v much

    I really, really hope not. It's women like you, who play games like this, who create such negativity towards women on maternity leave. Who do you think you are??!! Some poor s0d has lost their job, because they HAD to offer it to you, and now you've changed your mind. I sincerely hope the company are legally entitled to every penny of the enhanced SMP back and that someone more deserving than you has been able to keep their job.
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  • beepboes
    beepboes Posts: 155 Forumite
    Am not returning as am pregant. Once i have my second child i wouldnt be able to afford child care anyway so would definiely not be returning then. Have explained to them that i dont want to mess them around and drag it on in this way so best for both of us if rather than return and then go on another maternity leave i just finish now. But obviously i dont want to have to repay this huge amount of money. I was hoping that the way they treated me when on mat leave might mean that i do not have to return the money to them, i didnt 'demand the job' i just said that i was unwilling to be interviewed for a job when i had a 2 mnth old baby and wasnt in the mind frame for a job interview. After much tooing an frowing they ended up just saying i could have the job.
    Thanks for the helpful advice much appreciate
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  • SarEl
    SarEl Posts: 5,683 Forumite
    Even if made redundant?

    Actually - technically yes. Most employers wouldn't ask for it in these circumstances but that doesn't mean they can't, and I have known of cases where they have. I suppose that "in the wash" this generally works out because the employer often delays redundancy until the return (to avoid the "making a woman on maternity leave redundant" mess), and the woman generally returns waits until she is returned and has "served her time" to avoid pay back! Remember - few employers actually pay significantly enhanced maternity pay, so those that do also tend to be the ones that are overly careful in other aspects of employment too. This is just an unusual situation. Shame in a way that the OP made such a fuss about her redundancy before deciding she wasn't going to return - she would probably have been much better off financially had she been made redundant and I would bet the employer probably would have waived the pay back clause. A demonstration of one of my favourite saying - be careful what you wish for because you might get it.
  • Mark_h_4
    Mark_h_4 Posts: 118 Forumite
    edited 17 January 2012 at 4:01PM
    SarEl wrote: »
    Actually - technically yes. Most employers wouldn't ask for it in these circumstances but that doesn't mean they can't, and I have known of cases where they have. I suppose that "in the wash" this generally works out because the employer often delays redundancy until the return (to avoid the "making a woman on maternity leave redundant" mess), and the woman generally returns waits until she is returned and has "served her time" to avoid pay back! Remember - few employers actually pay significantly enhanced maternity pay, so those that do also tend to be the ones that are overly careful in other aspects of employment too. This is just an unusual situation. Shame in a way that the OP made such a fuss about her redundancy before deciding she wasn't going to return - she would probably have been much better off financially had she been made redundant and I would bet the employer probably would have waived the pay back clause. A demonstration of one of my favourite saying - be careful what you wish for because you might get it.

    I guess the other way around this would be to return to work and hand in her notice then work that and leave. That would also bypass having to repay the money?
  • Uncertain
    Uncertain Posts: 3,901 Forumite
    Mark_h wrote: »
    I guess the other way around this would be to return to work and hand in her notice then work that and leave. That would also bypass having to repay the money?


    Yes indeed.

    It may also be that the stress of all this has got to her and her doctor will sign her off sick (which would doubtless be on contractual full pay being a university)! I'm sure sooner or later that will cross the University's mind.........

    I still think that, handled with care, the university will waive claiming the money back (or reach a compromise) given the inept way their HR department dealt with the matter. On the whole this type of organisation tends to avoid litigation over what to them is petty cash.
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    Another kid on the way

    go back get another round of maternity, more accrued holidays.
  • JodyBPM
    JodyBPM Posts: 1,404 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Can you not use your accrued annual leave to link two maternity leaves together, giving you more maternity pay, plus an additional period of accrued leave. Even if you have to work a few more weeks to make up the 3 months required, pay plus £2k odd would more than pay for a few weeks childcare, surely?

    I guess it depends on how far along in pregnancy no2 you are, but I would have thought that it would make financial sense to go back for a short period for SMP during the second mat leave if nothing else.
  • JodyBPM wrote: »
    Can you not use your accrued annual leave to link two maternity leaves together, giving you more maternity pay, plus an additional period of accrued leave. Even if you have to work a few more weeks to make up the 3 months required, pay plus £2k odd would more than pay for a few weeks childcare, surely?

    I guess it depends on how far along in pregnancy no2 you are, but I would have thought that it would make financial sense to go back for a short period for SMP during the second mat leave if nothing else.

    There is just something morally wrong about this scenario but legally it is correct and most likely the best for the OP
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  • beepboes
    beepboes Posts: 155 Forumite
    Just in case it disappears ;)
    Why would it dissapear?
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  • mildred1978
    mildred1978 Posts: 3,367 Forumite
    If money is tight, perhaps you could sell the fancy handbag ;)
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