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[fletch]

As title really.
My wife needs a bit of advice on maternity pay.
She has recieved all the pay she was entitled to and now that she has decided not to go back to work her employer is demanding she repays all the wages she's been given during her maternity leave.

Any solicitors in the house who could give us just a bit of advice on where we stand would be appriciated

[angus zx10r]

Bit of info here when we looked into this it's best to go back for a while then leave 

http://www.worksmart.org.uk/rights/do_i_have_to_repay_my_maternity

[WAZHALO31]

Just going through all this stuff now with a Little one on the way and yes the company can ask for all payments to be repaid if you decide not to go back, the best thing to do is go back to work for a couple of weeks and hand your notice in then leave, you will have then fulfilled the requirements to keep your maternity pay.

Check out the Direct.gov site for more info or give Citizens advice a ring.

Cheers
Loz

[Wh|t3R@bb|t]

[WAZHALO31]

Cheers for the info always good to get the correct info from an HR person. there is so much info out there it just blinds to the facts have a pony for your advice

[HammyUK]

"Keeping In Touch days allows for a woman to return to ensure they reintroduce themselves to work and also for the employer to decide if the position actually has now become redundant.  But if they decide they are not going to fill the post, and the it does become redundant, then your wife would be entitled (as a normal employee) for redundancy."

Sounds like a plan bud - she goes back to "introduce herself" back into work and makes sure her jobs now not worth it and then get made redundant  

Not that I'd advocate being dishonest or anything....................

[Wh|t3R@bb|t]

Nice idea mate, but doesn't quite work like that.  KIT days are used during the Maternity Leave so that the woman (or man in this day and age) can return to work to reintroduce themselves into the workplace.  As previously, if you returned to work even for a day it affected your maternity pay/periods...

Also guys, please remember that if your partner does not intend to return to work, then they still need to abide by their normal notice period (for most people 1 month).  Which means if they only tell their employer on the day they are due to return then they need to serve a months notice.

Other things to consider are asking for part time or flexible working hours.  Under employment law your partner/wife has the right to ask for this and for the employer to consider this.  But this can very much depend on the type of job, expected working hours etc etc.  If it is of business detriment to allow this, then they can refuse.

Always happy to help with stuff like this,

Andy