coming back from maternity (OML)

[veronika86]

Hi everyone! I have question about returning from OML because my employer very confused me and it seems like they do not really know the law.
The ordinary maternity leave is 6 month, right? What if, after taking 6 month I deside do not come back to this job (i am planning to find a new one during my maternity). Do I have to pay back to my employer whatever they paid me during this 6 month? Thats what thay told me, that I must come back at least for 6 month. otherwsie I have to repay it back. I am working for this company for over 2 years now and does not make sense for me.

 

[Tink84]

Are you UK?

If UK then you are entitled to 39 weeks of at SMP (statutory maternity pay) this roughly works out at 9 months! You can then opt to take another 3 months unpaid!

If you recieve just SMP so 39 weeks then you do not have to pay this back! However if for example work pay you at 100% of your wage for 6 weeks instead of 90% then this is seen as addition Matnernity pay and you are required to work a min of 3 months or pay it back

 

[discoclare]

^wss. put simply if you received occupational maternity pay and then do not return to work after maternity leave you have to pay it back. You do not pay back SMP.

 

[My_First]

Are you UK?

If UK then you are entitled to 39 weeks of at SMP (statutory maternity pay) this roughly works out at 9 months! You can then opt to take another 3 months unpaid!

If you recieve just SMP so 39 weeks then you do not have to pay this back! However if for example work pay you at 100% of your wage for 6 weeks instead of 90% then this is seen as addition Matnernity pay and you are required to work a min of 3 months or pay it back

In bolded - This is only true if its in our contract of employment (employee handbook). If its not there saying you have to pay any extra back, then you don't. Also it may not just be 3 months it could be any timescale from one week to a year, (I believe I have even seen one policy that was two years).

 

[Anniebobs]

In our place (council) you have to work 3 months otherwise you have to pay back all OMP - but they didn't offer much anyway!