Quitting work after maternity leave

[GarryA]

Hi,

Friend has been off work for about a year on annual leave and then maternity leave, for this received full pay 6 months and 1/2 pay for 3 months then no pay for 3 months.

They want to throw their resignation in as soon as they are due back at work.

Would she have to pay anything back or is this the norm?

[miniman]

Nope, nothing to pay back.

[Zod]

The contract generally requires the money to be repaid. In reality, bigger organisations rarely enforce this.

[HoHoHo]

Terms should be in her contract.

If they're not, she needs to talk to HR or whoever deals with that at her place of work.

[boomboompow]

Zod said:

The contract generally requires the money to be repaid. In reality, bigger organisations rarely enforce this.

Any company-enhanced pay may be subject to recovery by her employer (depending on company policy); however her statutory maternity pay will not be touched.

[EDLT]

Oh she would be so popular on here.

[ulakye]

From memory, as long as she was intending to return to work during the period she was in receipt of maternity pay then nothing has to be repaid if she then changes her mind. If she never had any intention of returning then she could be made to repay although this is obviously difficult to enforce.

[GarryA]

We had an idea there maybe something bout the difference between stat pay and the enhanced rate.

[Lurking Lawyer]

ulakye said:

From memory, as long as she was intending to return to work during the period she was in receipt of maternity pay then nothing has to be repaid if she then changes her mind. If she never had any intention of returning then she could be made to repay although this is obviously difficult to enforce.

How do you discern what someone intended at any given point? A contract drafted in those terms would be all but unenforceable.

I concur with my learned friend Zod LJ. Whether the employer can be arsed to enforce any such provision is of course another matter.

[stuart-b]

EDLT said:

Oh she would be so popular on here.

Perhaps one of the reasons some pregnant women wonder why they have difficulty getting a decent job with responsibility.

[HoHoHo]

stuart-b said:

EDLT said:

Oh she would be so popular on here.

Perhaps one of the reasons some pregnant women wonder why they have difficulty getting a decent job with responsibility.

Can of worms

[GarryA]

Surely the employer knows the risk?

[scirocco265]

boomboompow said:

Zod said:

The contract generally requires the money to be repaid. In reality, bigger organisations rarely enforce this.

Any company-enhanced pay may be subject to recovery by her employer (depending on company policy); however her statutory maternity pay will not be touched.

Both of these, if the enhanced MP is subject to any recovery, this would be explicit within the T&Cs/Maternity Policy. It is, however, a pain in the backside to try to recover monies from an individual whom you no longer pay, though taking the court route - it is lengthy but possible.

[davepoth]

GarryA said:

Surely the employer knows the risk?

But then that would be sexism and ageism. You aren't allowed to discriminate on that basis.