Enhanced Maternity Pay

Philippa348 · 23 August 2019 at 11:07PM

I am currently on maternity leave and me and my partner have decided that it would be best for us, financially, for me not to go back to work (childcare costs etc). I mentioned this to my friend who is also on maternity (different company), and she advise that if she doesn’t go back she has to pay her enhanced maternity pay back, she was asked to sign an additional contract before going on mat leave.

I was also given enhanced mat pay, however this was just given as standard, It wasn’t an option and I wasn’t given anything to sign to say I needed to come back or I would have to pay back my enhanced pay. I have looked at my contract, employee handbook and also maternity policy, there is nothing written in there about having to come back or pay back money etc.

I had a meeting with my manager and told him that I can’t come back full time as I can not afford childcare, and that I’d prefer not to come back at all, he said he thinks I’ll need to come back for 6 months, but he’s going to check with HR, I am currently waiting on him coming back to me.

If it is not written in any policy/my contract can they enforce repayment if I don’t go back?

Brynsam · 23 August 2019 at 11:17PM

No, whatever your friend says - her case is different because she signed an additional undertaking. Your manager simply didn't know his stuff (might have been good if he'd checked before meeting up with you, but 'lack of time' may well be the genuine reason).

Philippa348 · 23 August 2019 at 11:24PM

Do you know if they would be able to enforce replayment if it’s not confirmed in writing?

74jax · 24 August 2019 at 8:02AM

Can you list the bit in your maternity policy that states about payment and enhanced benefit.

My company also says must be paid back in the maternity policy but you only need to go back for a month, not 6.

Philippa348 · 24 August 2019 at 8:38AM

This is the only part of enhanced mat pay in the policy:

Enhanced Company Maternity Pay
If you have been employed by the company for at least 1 continuous year by the 15th week prior to your EWC you will be entitled to Enhanced Company Maternity Pay:

First 6 weeks
90% of your average weekly earnings over the 8 weeks immediately before the 15th week before your EWC*
Remaining 33 weeks
The lower rate of SMP as determined by the Government (please contact Payroll for the latest figures)

In both cases the last 13 weeks of maternity leave is unpaid.

Philippa348 · 24 August 2019 at 8:39AM

Apologies, the Info from ‘first 6 weeks is for stat pay:

This is enhanced pay:

First 13 weeks
Full pay (If you are on a voluntary working arrangement maternity pay will be calculated on the salary prior to the arrangement)
Remaining 26 weeks
The lower rate of SMP as determined by the Government (please contact Payroll for the latest figures)

74jax · 24 August 2019 at 9:54AM

If that is all there is then I think you are fine. Wait for your line manager to confirm in writing but they can't hold you to something that isn't in the policy, the handbook or your contract. Did you recieve any letters during your pregnancy or maternity that you may have forgotten about?

I

unforeseen · 24 August 2019 at 10:00AM

might have been good if he'd checked before meeting up with you,

Assumes that the manager was aware that the OP was going to drop that bombshell at the meeting.

Philippa348 · 24 August 2019 at 12:32PM

No I definitely didn’t receive any letters while I was pregnant/during Mat leave

Savvy_Sue · 24 August 2019 at 1:34PM

Personally I'd put that extra 10% aside just in case. It could be a nice buffer further along.

Enhanced Maternity Pay

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