Another maternity related Q

eviecarwash

Registered User
Messages
52
Hi guys,
Just wondering.. when you come back off maternity leave how long do you have you have to return to work for before you can hand in your notice and not owe the company back money? Is it 6 months because they have paid you for the six months you've been off?
Just wondering, really don't know what i'm doing yet, but the thoughts of working full time after becoming a mother fills me with dread..
Thanks,
Eviecarwash
 
It depends on your company's policy. There's no legislation about having to return to work for a minimum period or allowing for any clawback, but that only applies to the statutory maternity benefit. If your company tops you up for maternity, they can put any conditions they like on it really - does your company have a handbook?

Sprite
 
Thanks for your reply watersprite. I've checked the handbook and frustratingly there is no mention of this particular situation. I can't really ask them!
Thanks,
Eviecarwash
 
If there's no mention in the handbook and there's no historical practice of them taking the money back (and there's no other mention of such a practice in emails etc. that they would have given you when you applied for maternity leave) then there's no basis on which they can claw back the maternity pay. On what basis did you think they could? That may shed some light on things.

Sprite
 
Thank you again! I was told by a friend of mine (perhaps misinformed, she doesn't work there) that I would have to come back to work for a few months otherwise I'll owe them money. I've no problem with this, just wanted to know how long I'd have to do it because working full time and raising a baby too just seems too hard. If there is no mention of it in their policies, then perhaps you're right, perhaps I can come back for like a few weeks then hand in my notice.. God I hope so! Life couldn't be so kind could it?!
Thanks again,
Eviecarwash.
 
Yep, I think life is indeed that kind and that your friend is misinformed. She may have said that because where she works has that policy but, in the absence of anything to the contrary (as I said, in a handbook, contract, by practice etc.) then your employer can't take back the money. So you can do exactly as you suggest - come back for a few weeks and then hand in your notice. From a relationship point of view, it may be better to be upfront about this - if they have employed someone in your absence, they may want to just keep that person on and, if you come back for a few weeks and say nothing, they may have missed that chance to keep that other person on. Their noses will probably be out of joint if you come back, say nothing and then just leave or leave fairly shortly after, but them's the breaks. It's totally up to you.

Or suggest that you go back part-time (if you would be happy with that yourself) - then your employer can make an informed decision on that (you, part-time or someone else full time) and they would feel a little more in control of the decision - and if they say they can't do part-time then everyone goes their separate ways with no harm, no foul.

Sprite
 
Thankyou sprite, that's exactly what I hope to do. Come back full time, admit I'm not happy continuing full time and ask for the possibility of pt or job share etc.. If no can do, I'd probably hand in my notice and then all's fair and square.
Thank you for taking the time to reply, you've really helped!
Eviecarwash
 
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