returning from maternity leave, what are my rights?

izoomzoom

iskc85860506 wrote: »

Hi
When I had my son 2 years ago I was working for the nhs I got full pay for the fist six months but I decided not to go back to work and I was told I ould have to pay back the whole lot but I spoke to the Job centre plus (they deal with beneifits such as smp spp ssp etc) They informed me that I ony had to pay back the differece between what I would have recieved for Statratory Maternity Pay (smp) which is 95% of your normal wage (as far as I can remember). So I only had to pay back the 5% extra that I had recieved.

I think it still stands the same now.

No, for the first 6 weeks you get 90% of your normal wage, and then for the rest of your OML you only get SMP which is about £112 a week.

Thus for the first 6 weeks, you would need to pay back 10% but thereafter it would be the difference between normal weekly pay and £112.

LoLo

My husband does work, he works full time. I would be having to work around his hours. He can change his but only within the hours what his company works. I have let my employer know this.
If I don't go back I would have to pay about £700 back for each month.

brazilianwax

Then I don't think you have a choice.

Take the 7.5 hours a week for whatever period you need in order to keep the maternity pay. When you are there try and work out a way to do more hours, and in the meantime do whatever you can to minimise your outgoings and maximise incomings.

milkydrink

So your husband works "normal" office-ish type of hours?
You have to pick you elder child up from school?
I presume you have to take him to school too?
You WANT to work from 6pm to midnight (your husband gets in from work & can take care of the children?)?
You said you could also work morning till 12.30 above, who would look after your 2 children then? Or would your husband arrange to start later? But even if he did, thats not many hours for you 5 days per week, you said you needed 30 hours per week?
So are you saying you would like to work from 6.30am-12.30pm or 6pm to midnight?

Nicki

How about you take the 7.5 hours from your old employer for the minimum period needed until you no longer need to repay the maternity pay. You also look for other work which you can fit in around your husband's hours to make up the financial difference (perhaps agency work on a Saturday and Sunday during the day if you are in the medical sector?) or alternatively something you can do from home? While you are trying to find the extra work you need, you can also be working on your employer to see whether they can find you more hours than they have offered initially?

I appreciate you can't last indefinitely on 7.5 hours per week, but if you tighten your belts, could you manage for a week or two until you get the extra work lined up?

Its not unreasonable to want to find working hours which suit your family commitments, so please don't feel that it is. The only problem is that you can't force your existing employer to bend to your needs, so you need to think as flexibly as you can, and find a solution under your own steam to meet your own needs.

Savvy_Sue

There was a post a while ago about a lady who was struggling with her return to work because of difficulties breastfeeding, and difficulties being given space to express milk in. I think work was going to have to suspend her on full pay until these problems passed.

Found it ... here and here - don't know how the situation was resolved.

I don't know if either of these would be useful in your situation. I guess it partly depends whether all things being equal you WANT to go back to your original hours, and would in time be able to work them. If you would, then those threads look potentially useful.

BTW my eldest never took anything other than my breast, but then we never got desperate enough. If you had to go into hospital or could NOT continue to b/f for some reason then eventually baby WOULD get desperate enough to take a bottle or more from a cup, I am sure. It is just living through those few days of hell which is difficult, and in our case we decided that we could live with him not being separated from me for longer than 6 hours during the day or at all at night.

Lyndsey_2

Hello

I sympathise with you on this one. I am currently breastfeeding and my son will not take a bottle... also I have less than friendly work managers!

I think your biggest bug bear is that work haven't done what they have said they would as in redeploy you. You have a lot of rights as a woman returning to work from maternity leave especially as you are breastfeeding... they do have to allow you to have time to express and provide you with somewhere suitable to store your milk.

But having said that you have to be flexible and work whatever hours they say is acceptable if you don't want to go back into the original position. You are in a difficult position as there is still a post available to you but it isn't suitable now. Have you looked into your family friendly policy at work? I woudl imagine that working for the NHS there should be alot of information regarding this.

Have you spoken to the CAB about it as well?

I am in a position where work haven't paid me any extra whilst on maternity so you have been lucky to get that!

buxtonrabbitgreen

I don't know if you already claim tax credits but perhpas the shortfall in your wages could be made up by these.

Narva

Hi, just thought i would add my bit. My daughter would not take a bottle, cup, nothing. Its simply, a baby will not stave its self. You have to have tough love, leave baby with husband for 24 hrs( either over a weekend or a days a/l, you cant be near the baby as he will smell you are around) he may scream for hrs, but will give in and will drink from a bottle. Your baby has you wrapped round your finger, and knows it. I had this confirmed from friend who is senior midwive, and a consultant she knows.

what ever you do, dont do this half hearted. Dont give up because its easier for you, you must see it through the first time you do it.

My mum took my daughter to her house, and it took 10 hrs for her to take a bottle. she screamed blue murder, and the only way to deal with it is a personnel choice, ours was hard, but it worked. She took the bottle, and slept. She woke up and cried again for the breast, but this was for only 20 mins!!! she took the bottle as easy as anything.

From what you say, and i understand as i was in a similar situcation, you have to return to your old job. Make the decision, do the tough love, and regain your life, and families. Good luck.

lucysmum_2

Hi Lolo this really is a sticky situation. Yes some people may have been a little bit tough when you just need some friendly advice, I imagine you are feeling pretty worried about this which wont help the situation!

I think firstly, I do agree that your employers seem to have carried out their basic legal right, which is disappointing considerig your service, you would expect a litle more support. BUT legally they seem to have done everything. It is very wrong and disgraceful in this day and age that companies are getting away with treating women like this who are having or have had babies but unfortunately it does happen. So I think now if I were you I would struggle on for the three months to avoid paying back the maternity pay, then look at other options, maybe moving posts within the company or even another job. If my empoyer treated me like that I wuld lose respect for them and they would lose my loyalty. I would want to move to a firm who valued and respected me.

I know this does not offer you a sure fire solution, and I appreciate you have bills to pay, but sometimes you just have to put yourself and your baby first. I hope you resolve things

x