I have been back at work now for three months after maternity leave. My employer enhanced my maternity leave on top of statutory by offering 3 months full pay, my contract states that I must pay 100% back if I leave before six months and 50% If I leave before a year. I’m pregnant again and will be going on maternity before my year is up. Can they make me pay the monies back? I do not plan to go back after this maternity leave so will only be taking statutory pay. What’s the best way to approach this situation?
Whilst on maternity leave you are still technically employed so they cannot make you pay the monies back. They can make you pay the monies back if you resign.
You can negotiate with your employer about only receiving SMP whilst you are on maternity leave and not receiving the enhanced maternity pay perhaps by raising your concerns about how much money in total you will have to pay back. I am sure you can refuse to receive the enhanced benefit if you don’t want it.