Employment Rights
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Does my leave count towards the return to work period for OMP?
I have opted for occupational maternity pay from my employer and in the maternity policy it clearly states that I must return to work for at least 13 weeks or pay back the OMP (not the SMP). My maternity leave is due to finish in March but I have then taken some weeks annual leave until April. I am assuming that the 13 weeks commences from the end of my maternity period and that those weeks of leave contribute to the 13 weeks. Is this correct? I can’t see in the policy anything about OMP and annual leave during those 13 weeks.
Without seeing the actual policy, my view is that there should be established a definite date for the end of the maternity leave period and the return to work date so as to establish that the continued absence is due to your taking holiday and not continuing with the maternity leave.
I think that upon that basis you should be able to establish where the 13 weeks starts ie at the end of the maternity leave and the beginning of the holiday leave which continues the absence either in part of in full.
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