Paying back enhanced maternity pay

maurice28

Hope this is in the right place!

My wife and I had a baby five months ago, so my wife is currently on maternity leave. She is a primary school teacher and was full time before the baby arrived, but is hoping to go back part time.

This is currently with the school for consideration, but if they can't accommodate part time my wife would prefer to leave and work somewhere else that can.

There is a clause that if you do not return to work for 13 weeks after having a baby, the employer can reclaim part of the enhanced maternity pay. This means if my wife left the school she would have a choice - go back to work full time for 7 weeks before summer (with the summer holidays counting as the last 6 weeks to meet the criteria) or pay back the maternity pay.

My question is, does anyone know the method by which an employer would claim back this money? I assume any final salary due would be swallowed up by it but in terms of the shortfall, does it tend to be a full and final demand or can a payment plan normally be set up?

We will probably ask the council in question but didn't want to tip out hat too early! So wondered if anyone had any experience of this?

pinkshoes

A friend of mine didn't go back after a third baby but paid it back in instalments.

maurice28

Great, thanks, much appreciated!

kingfisherblue

What is the difference between your wife going back for the seven weeks, and the amount to be paid back? It could be worth it financially to return for those few weeks, depending on childcare as well. It's worth looking at this fairly quickly, as she might have to give in her notice by the end of this term.


www.tes.co.uk has people who are specialists in school employment details, including enhanced maternity pay, notice, etc.

maurice28

kingfisherblue wrote: »

What is the difference between your wife going back for the seven weeks, and the amount to be paid back? It could be worth it financially to return for those few weeks, depending on childcare as well. It's worth looking at this fairly quickly, as she might have to give in her notice by the end of this term.


www.tes.co.uk has people who are specialists in school employment details, including enhanced maternity pay, notice, etc.

A good point, thanks. We do need to work out the figures properly, just looking to get all the info in place.

silvercar

Working 7 weeks and getting 13 weeks pay and not having to pay back the EMP, sounds like a very good deal. Alternatively, can she go back for a couple of weeks before the Summer break and work until October half term? That would split the 7 working weeks into 2 parts and may be easier to manage.

timmeh500

They shouldn't just take the money out of her pay without her agreement. But then again there may be a clause in her contract that specifies they can do this in the event of an overpayment or something like this. At my work paying back in installments would be acceptable.

Kynthia

So if your wife goes back to work for 7 weeks she will be paid for 13 weeks and get to keep her enhanced maternity pay, but will possibly need to pay some childcare costs for 7 weeks? Sounds like a good deal. She could also have a part time job lined up for the new school year if she starts looking soon.

Hopefully her school will agree to part time work and none of the above will be necessary.