Repaying OMP

Raja123

Hello
I am wondering if anyone can give me any information. I work in a school so am currently off for the Christmas break so can't speak to HR. 

I have returned to work after maternity leave recently. I had my flexible working request rejected so have sought employment elsewhere due to childcare issues and also because a really good job opportunity came up. By the time I have worked my notice I'll have been back for 1 day short of 3 months. 

Before I went on maternity leave I had to sign something to say I'd pay back my Occupational Maternity Pay if I did not return for 3 months. I thought I had read somewhere that I'd have to pay a percentage of it if I returned for less than 3 months which I was fine with but can't seem to find this anywhere now. I can't use holiday for the one day as we have to take our leave during the school holidays. I can't just work the day as I will miss a day of training at my new job. 

Does anyone have any experience of this? I was perfectly willing to pay back a proportion of my OMP but not the whole lot for the sake of a day. 

Marcon

Raja123 said:

Hello
I am wondering if anyone can give me any information. I work in a school so am currently off for the Christmas break so can't speak to HR. 

I have returned to work after maternity leave recently. I had my flexible working request rejected so have sought employment elsewhere due to childcare issues and also because a really good job opportunity came up. By the time I have worked my notice I'll have been back for 1 day short of 3 months. 

Before I went on maternity leave I had to sign something to say I'd pay back my Occupational Maternity Pay if I did not return for 3 months. I thought I had read somewhere that I'd have to pay a percentage of it if I returned for less than 3 months which I was fine with but can't seem to find this anywhere now. I can't use holiday for the one day as we have to take our leave during the school holidays. I can't just work the day as I will miss a day of training at my new job. 

Does anyone have any experience of this? I was perfectly willing to pay back a proportion of my OMP but not the whole lot for the sake of a day. 

What you are 'willing' to do isn't the issue here: it's what you are contractually obligated to do, which may not be as black and white as you fear. If you are required to pay back contractual (occupational) maternity pay, it won't be the whole lot.  You are entitled to keep an amount equal to the statutory maternity pay you would have received had OMP not been paid.

Undervalued

Raja123 said:

Hello
I am wondering if anyone can give me any information. I work in a school so am currently off for the Christmas break so can't speak to HR. 

I have returned to work after maternity leave recently. I had my flexible working request rejected so have sought employment elsewhere due to childcare issues and also because a really good job opportunity came up. By the time I have worked my notice I'll have been back for 1 day short of 3 months. 

Before I went on maternity leave I had to sign something to say I'd pay back my Occupational Maternity Pay if I did not return for 3 months. I thought I had read somewhere that I'd have to pay a percentage of it if I returned for less than 3 months which I was fine with but can't seem to find this anywhere now. I can't use holiday for the one day as we have to take our leave during the school holidays. I can't just work the day as I will miss a day of training at my new job. 

Does anyone have any experience of this? I was perfectly willing to pay back a proportion of my OMP but not the whole lot for the sake of a day. 

That is down to the terms of your contract. Unless pro rata is allowed under you contract then, as Macron has said, it is not a case of what you are willing to do but what your employer will allow.

Working an extra day would mean, technically, them agreeing to a new resignation date. They may, but they don't have to.

They may just waive the requirement for three months as a gesture of goodwill as you are so close but again, they don't have to.

It is even possible, as it is so close, they may simply not notice.

Could you not offer to work a day or two of the Christmas Holiday doing some preparatory work for next term? Maybe they would accept that? 

Raja123

I don't know what I'm "contractually" obliged to do. That's the issue. I wasn't given a copy of the contract after I signed it and at the time I assumed I would return part time as a lot of colleagues had and didn't forsee "covid" apparently making it "not in the schools interest" to allow part time working.  That's fine, but full time working wasn't in my family's interest so I looked for another job.

I did some research before I looked and read somewhere (I thought it was on the maternity action site but I can't find it now) that I'd have to pay a proportion of my OMP back if I returned for less time than the agreed amount. I want to know if anyone knows anything about this or has been in a similar position. I know I don't have to pay Statutory Maternity Pay back. 

And having to pay back a couple of thosand pound for the sake of 1 day definitely is an issue for me. 

JamoLew

Can you not just hand your notice in 1 or 2 days later and start your new job a little later ?

Raja123

Thanks. Yes, I can do that I just would rather pay a portion of it back as I thought that was an option but if it isn't then I'll have to delay my start date. I was counting the half term break as part of my notice period so it would delay it by just over a week and mean me returning for one day after the break which isn't ideal but I can do that if there isn't another option.

Raja123

I haven't actually given in my notice officially yet BTW. Just let them know my intentions to do so.

Savvy_Sue

Obviously you'd do well to ask for a copy of your contract, but I've found this on https://local.gov.uk/our-support/workforce-and-hr-support/education-and-young-people/school-teachers/school-teachers-0: 

Q8: If a teacher decides not to return to her job, does she need to repay her entitlement to occupational maternity pay? 

A1: Yes, if a teacher does not return to her original job for 13 weeks after maternity leave, she will be required to repay the 12 weeks of half occupational maternity pay. If she knows that she intends to leave she can elect not to receive this payment. It is also at the authority's discretion for community and voluntary controlled schools; the governance board in a foundation or VA school, whether they reclaim some or all of these payments.

now, I don't know if you are a teacher, and I don't know what sort of school you work in, nor whether there would be any discretion, but that at least indicates that there may be SOME discretion. 

General_Grant

So, in that situation, it requires a return to work of 13  weeks rather than 3 months.