Maternity policies Post Reply

[Muma2max]

Hi all,

I would like some advice please.

My company had a pretty good maternity policy (approx 3 months full, 3months half and then 3 months SMP) but the policy is you have to return to work for a whole year otherwise you have to repay all the OMP. This is not prorated depending on how long you go back for.

I was wondering whether other companies had similar return policies (especially accountancy firms!) as I am miserable back at work and feel trapped as we can't afford to repay the OMP. I have been offered a new job and they have said they will contribute to the amount but this is then taxed so I am still dignificantly out of pocket so even though the new job would be an amazing experience I fear I might have to turn it down.

Any advice or experiences are greatly received.

Thanks

[Honeybee]

That return to work policy seems more than most companies would require. I have heard of 3 months and six months but not one year. I wonder in reality how likely they are to enforce it? Especially if it is a difference of only a few months? How long would you have been back at work for if you took the other job?

My personal advice: if you are miserable in your current job, take the new one. Talk to your current employer about it, they may be understanding. There is nothing worse than being trapped in a job you hate, particularly when juggling motherhood and a career. Good luck!

[Muma2max]

Thanks Honeybee. I will have been back for 6 months at least (depending on whether I have to work my full notice period).

Am going to talk to HR today so fingers crossed.

[Honeybee]

Yes talk to them. I have heard of people in other companies leaving before the required period of time and they were let off having to pay back the maternity pay. It sometimes boils down to the fact that (with large, well known companies at least), it would be considered bad PR to be known to be making it difficult for working mothers, particularly when many companies are engaged in a drive towards diversity, gender equality etc (outwardly, anyway). Added to that is the fact that one year is a long time and you will already have been back for 6 months. Some of these maternity policies are more in place as a deterrent I think...

I hope HR are understanding!

[supermummy]

I've heard of one year tie in with law firms. I've not heard of it being enforced though.

My friend had this issue,found the dream job and they threatened to deduct it from her final salary (though that still would have left her owing the balance). Are they really going to issue a claim against you for the debt? How far into your year are you?

Another friend was giving up to be stay at home mum (law again). She told them plainly she didn't have the money and as their dept wasn't overrun, they agreed to let her off. Another friend did the same (law), a chat with boss and hr sorted it out. I suspect that depends on a bit of luck and dept circumstances but worth a go.

Do you have any grounds for grievance or a discussion onthe basis on which you are leaving? Eg not being given the best work post maternity, discrimination, dept being too quiet, lack of prospects, having a poor performance review? ? If so, you could wrap it all up in a conversation with your boss/hr as in 'I won't take this any further and it suits us both for me to move on so how about you let me off? And ps I actually can't pay you.'

Definitely take the new job if it's what you really want. These things have a habit of working out!

[AbbevilleMummy]

Hi, I had exactly the same issue this year.

I returned to work (Big 4 accountancy firm) in October 2013 and knew that I had to stay for 12 months otherwise would have to pay back my OMP in full. In fact the policy was that if I handed in my notice within 12 months I would have to pay it back.

Well in the summer I got offered a great job at a client. I wanted to take it but couldn't afford to pay back my OMP. I had to battle for about 3 months to get them to drop it. In the end it was only the fact that my new employer (their client) got involved and threatened to take their business elsewhere that it got sorted out.

My experience has been that this policy of theirs is VERY important to them and unlike many other policies they had that were often easily challenged, they will go out of their way to stick to their guns regarding repayment of mat leave.

It sounds as though we may be discussing the same Firm so if you want to PM me for a more private, specific chat then fell free.

[Honeybee]

Out of interest, why are they so adamant about this one AbbevilleMummy? Is it because they are worried about too many people 'taking advantage'?

[AbbevilleMummy]

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.

[AbbevilleMummy]

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.

[Muma2max]

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!

[Muma2max]

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

[Honeybee]

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.

[NYE31]

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

[Pop]

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.

[Muma2max]

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.