NHS returning to work after maternity leave - can I just work bank?

laughing_laura

I am about to go on maternity leave for 12 months. I am a band 5 in the NHS and get occupational maternity pay as well as statutory.

Due to childcare costs I will need to return part time as otherwise I will be paying more than I earn. I have told my manager this and they have said it might not be possible and I may have to either come back full time or resign.

If I resign I will have to pay back my occupational maternity pay as I have to return to work for 3 months after maternity leave to qualify for this.

I wondered if anyone has been in a similar position and just worked bank? I could work 24 hours a week on bank plus maybe some weekends as my husband would be able to look after baby (my current position does not allow for weekend working).

I am not sure if working on the bank meets the criteria of returning to NHS employment for 3 months or if it has to be a substantive contract that I return to?

marliepanda

I don't know, but I would have thought it wouldn't count as on bank you could refuse any work, so you could refuse all shifts for three months yet still retain maternity enhancements, which wont be how it is designed.

Undervalued

laughing_laura wrote: »

I am about to go on maternity leave for 12 months. I am a band 5 in the NHS and get occupational maternity pay as well as statutory.

Due to childcare costs I will need to return part time as otherwise I will be paying more than I earn. I have told my manager this and they have said it might not be possible and I may have to either come back full time or resign.

If I resign I will have to pay back my occupational maternity pay as I have to return to work for 3 months after maternity leave to qualify for this.

I wondered if anyone has been in a similar position and just worked bank? I could work 24 hours a week on bank plus maybe some weekends as my husband would be able to look after baby (my current position does not allow for weekend working).

I am not sure if working on the bank meets the criteria of returning to NHS employment for 3 months or if it has to be a substantive contract that I return to?

That is basic legal position I'm afraid. Your right it to your old job back, not to a different one to suit your new circumstances.

I am no expert on the NHS, they may have more "friendly" policies and procedures than the default legal minimum?

You do of course have a right to request flexible working but is fairly easy for an employer to turn this down if they are so minded.

glentoran99

banking is basically a separate job, so you do have to go back to work

Flugelhorn

quite a few years ago ( so things may have changed) I quit a full time job in the NHS as they would let me go back part time after mat leave

I was told that if I did ANY job in the NHS for the three months, even half a day a week (not sure of the minimum) then I kept all the occupational mat pay. So that is what I did.

Comms69

I would just ask your employer -


but doesn't your husband go part time? Certainly I don't think one employer, with enhanced payments etc. should have to 'suffer' for the benefit of another employer

sangie595

Unless it is an unusual circumstance, NHS bank workers are workers and not employees. So it wouldn't be counted as returning. Otherwise everyone would must sign on as a bank worker and refuse all work in order to get out of maternity pay claw back! "Might not be possible" is a fair statement - but in the NHS it would be rather hard to argue that flexible or part-time working couldn't be organised. Of course, your other option, since you haven't started maternity leave, would be to tell them now that your aren't returning and not take the OMP. Then you won't have to repay anything! Or bank the money to repay later and don't spend it.

nicechap

Presumably you already know as you've moved from being bank to your current full time contract?

https://forums.moneysavingexpert.com/discussion/5419835/nhs-maternity-pay-for-bank-workers

As advised on that thread, speak to your HR department - i'm guessing you're not in a union.

pinkshoes

If they cannot offer you part time, then just return for 3 months full time then leave.

You need to compare childcare costs for those 3 months against your take home pay, and whether this loss would be more than you had to pay back.

Do they not give you the option to have the additional maternity pay as a lump sum once you have returned for a sufficient amount of time?

I have just completed my 2nd year of teacher after having twins. I work part time and take home about £40 a week after childcare and petrol! Keeps me sane!

Could you go back full time for the 3 months then look for alternative part time roles?

laughing_laura

nicechap wrote: »

Presumably you already know as you've moved from being bank to your current full time contract?

As advised on that thread, speak to your HR department - i'm guessing you're not in a union.

No unfortunately I never got to discuss any maternity issues as we lost our baby shortly after that post so I never did find out how bank work would affect my maternity pay. I also didn't end up taking the full time position as the funding got withdrawn for the post so I ended up in another trust.

I did speak to HR who just told me that I should put in an application for reduced hours 2 months before I plan to return as the situation may change. Which I will but that means I have several months of uncertainty and not being able to plan finances very well.

laughing_laura

sangie595 wrote: »

Unless it is an unusual circumstance, NHS bank workers are workers and not employees. So it wouldn't be counted as returning. Otherwise everyone would must sign on as a bank worker and refuse all work in order to get out of maternity pay claw back! "Might not be possible" is a fair statement - but in the NHS it would be rather hard to argue that flexible or part-time working couldn't be organised. Of course, your other option, since you haven't started maternity leave, would be to tell them now that your aren't returning and not take the OMP. Then you won't have to repay anything! Or bank the money to repay later and don't spend it.

I hadn't thought of that. I want the shifts myself so would work as agreed but I can see that some people might take advantage of that and use it as a loophole