A friend worked for a law firm with this policy and, when she didn't return, they made her pay it back, despite her best efforts. I work for a large investment bank and they pay good maternity pay (6 months) with no repayment policy if you don't return.

Hi there

I am an Employment lawyer, and just wanted to mention that Pop is right; they can't reclaim any statutory maternity pay, just contractual "additional" pay (i.e. whatever they've paid you above and beyond your basic entitlement). This is subject to the reclaim policy being part of your contract, but it sounds like this is the case.

If you are worried about any other aspect of this, or think a chat might help, I'd be happy to discuss (for free, without obligation) whenever convenient. If easier, feel free to email me (joanna.martin@smab.co.uk). My details are here, for info: http://www.smab.co.uk/people/employees/ ... artin.aspx

Good luck!

Jo

I work in law, at my firm there is a 6 month policy. I know of people that have had to pay the money back. I have heard that my firm is considering removing the requirement because they are sick of people coming back and resigning after 3 months (as we have a 3 month notice period).
It seems most people just get pregnant again quickly and then reassess second time round (by saving the cash to pay back or having the babies so close together they only have to pay 1 mat leave back!!).

Good luck - hope everything works out for you. Ultimately you have to make sure you are in the right job so hopefully this process is a matter of short term pain for long term gain...

Sorry if not clear - bit sleep deprived today. The point I was trying to make (badly) is about the amount they can deduct from your final salary payment. If they refuse to waive their policy to reclaim the money, you should at least try to argue that it wouldn't be reasonable to take so much from your final pay that you'll default on your mortgage. Try to get them to agree to a more gradual and reasonable repayment plan.

write! (what is wrong with me today?!)

cheque!

Yes, they can deduct it. In my case it would have wiped out my final salary payment and I would have had another £13k to pay back on top which they said I would have to right a check for and that it needed to be paid within 14 days.

Thanks Pop. I think they probably can deduct from final salary but I still think it's unreasonable. I was also fully aware of the policy before I came back so it's my own fault really.

Sorry if this is obvious or if someone else has already said this (I've only scanned the replies) - your employer can't recover the statutory mat pay, only the amount of company/enhanced pay on top of statutory pay.

Your employer can only deduct from your final salary payment if they have a contractual right to do so. If you work for a big accountancy firm they're likely to have a decent employment contract, so probably do have a right to make deductions - check your contract and any maternity policy you have signed up to (and so has contractual effect). If you explain you won't be able to pay mortgage etc it'd be a pretty horrid employer who deducted all they could. Terms of the contract are subject to reasonableness, so they should take into account hardship you will suffer.

I have heard of 6 months & this seems to be quite common.

I can see their point too but on the other hand it can be quite counterproductive to have unhappy, dissatisfied mums stuck in their job and not performing well because they can't afford to leave. That is one of the reasons my company dropped the requirement I think.

I think in most cases when companies are flexible with the return to work policy they agree this on a confidential basis so as not to be seen to set a precedent.

PS: I know that is a huge exaggeration by the way!!!

Thanks Abbeville mum, I have pm'd you.

It's such a horrible position to be in... they also said they would take as much as they could from my final salary if I left which would basically mean we wouldn't be able to pay the mortgage or childcare for that month which I see as a form of blackmail... stay or you have to pay so much at one time that you lose your house!

Yes, they were extremely worried about setting a president and so point blank refused to let me off.

Women of child bearing age make up a huge proportion of their workforce and they give a generous maternity package and offer a massive amount of flexibility when those women return to work. They are extremely committed to getting more women through the ranks to partner level and are spending a lot of money on providing support and assistance to working mums.

They cannot risk making such a significant investment just to loose those women after a few months.

Now I can see their point, but at the time I was fuming and you would not believe how much their inflexibility stressed me out.

In fact, HR never did drop it. My department effectively 'paid' it back for me as they didn't want to get their client off side.

Yes, they were extremely worried about setting a president and so point blank refused to let me off.

Women of child bearing age make up a huge proportion of their workforce and they give a generous maternity package and offer a massive amount of flexibility when those women return to work. They are extremely committed to getting more women through the ranks to partner level and are spending a lot of money on providing support and assistance to working mums.

They cannot risk making such a significant investment just to loose those women after a few months.

Now I can see their point, but at the time I was fuming and you would not believe how much their inflexibility stressed me out.

In fact, HR never did drop it. My department effectively 'paid' it back for me as they didn't want to get their client off side.