Does Mandatory Maternity Pay Need To Be Repaid?

If you are eligible for statutory maternity pay or Maternity Allowance, you do not need to repay it even if you do not return to work. However, if you are legally classed as a worker and do not qualify for statutory maternity pay, you might be eligible for Maternity Allowance.

You do not have to repay any Statutory Maternity Pay or Maternity Allowance and should continue receiving it from your employer/JobCentre Plus for the full 39 weeks. Maternity leave is typically about 12 weeks long, but many people in the U.S. aren’t eligible for it.

The Family and Medical Leave Act (FMLA) allows you to only ever have to repay any maternity pay that is on top of your Statutory Maternity Pay (SMP), never the SMP part of your maternity pay. SMP is 90 of your wages for 6 weeks and costs £184.03 per week.

If you decide not to go back to work once you have had your baby, you don’t have to repay it. However, you must pay any SMP in full, and all non-pay contractual benefits must be paid in cash.

If your employer offers enhanced maternity pay, you might have to repay some or all of the enhanced amount (anything more than statutory). As an employer, you can usually reclaim 92 of employees’ Statutory Maternity, Statutory Paternity, Statutory Adoption, Statutory Parental Bereavement, and other benefits.

In summary, if you qualify for statutory maternity pay or Maternity Allowance, you don’t need to repay it even if you don’t return to work.

Do you ever have to pay back maternity pay?

When considering maternity pay, it’s important to check if you need to pay back any maternity pay. If you receive contractual maternity pay, you may only keep your full amount if you return to work. Statutory maternity pay or Maternity Allowance won’t be required even if you don’t return to work. Check your contract or employee handbook to determine the required time to keep your full contractual maternity pay. Additionally, you can take holiday to reduce the time you need to work, as many holiday days may have built up during maternity leave.

What happens when you come back from maternity leave?

When taking medical leave, employers must ensure that the job is open for the employee, and they cannot offer a position they are not qualified for. Employees cannot be fired upon their return unless they would have fired them had they not taken maternity leave. However, their boss can fire them while on maternity leave, but they cannot fire them because they are on leave. Employers may need to reduce workload and may lay off a department if the employee is part of it.

If a complaint or issue arises related to work completed a few weeks or months ago, the employer may request a meeting to hear the employee’s side of the story, and then terminate the employee for reasons related to the complaint or issue.

Can you take back to back maternity leave?

In the event of pregnancy during the period of maternity leave, the employee is permitted to resume work without the necessity of resuming duties. Nevertheless, it is necessary to ascertain whether it is possible to receive maternity pay once more, and to exercise the same rights as were enjoyed during the initial pregnancy. The regulations pertaining to the provision of notice and the commencement of leave remain unchanged, with employers being informed of the intention to take leave 15 weeks prior to the expected date of delivery.

How do you request to return to work after maternity leave?

If you decide to return to work earlier or later than the agreed date for the end of your maternity leave, you must give your employer at least eight weeks’ notice. This is not required for record keeping purposes but is preferable. If your employer did not inform you of the end date of your maternity leave, you don’t need to give eight weeks’ notice. If you decide not to return to work, you must give your employer notice in accordance with your employment contract.

What happens if my contract ends during maternity leave?

If your contract is due to end while you’re on maternity leave, your employer doesn’t have to renew it. It’s against the law to not renew it due to sex, pregnancy, or maternity reasons. You can request a written explanation from your employer or raise a grievance if you find it unfair. If your baby is stillborn after 24 weeks of pregnancy or lives for a short time after birth, you still receive maternity leave and pay.

Is maternity leave paid or unpaid in Australia?

The Australian Government Paid Parental Leave scheme provides government-funded Parental Leave Pay at the national minimum wage to eligible employees. Further information can be obtained from the Services Australia website or by telephoning 13 61 50. For further details, please refer to the Parental Leave Best Practice Guide, which also contains templates for requesting and granting parental leave.

Can you go on the sick straight after maternity leave?

If you are going to return to work after 52 weeks of maternity leave, you do not need to give any notice of return. You can go back to work on the day you are due back and are entitled to your normal pay. You can take annual leave or sick leave if needed. If you want to return before the end of your maternity leave, you must give your employer at least 8 weeks’ notice of the date you will be returning. If you do not give this notice and just turn up at work before the end of your maternity leave, your employer can send you away for up to 8 weeks or until the end of your leave, whichever is earlier.

If your employer did not write back to you within 28 days of the date you gave notice to take your maternity leave stating the date that your 52 week maternity leave will end, they cannot insist on you giving 8 weeks’ notice to return to work early. You should still give as much notice as possible to help you and your employer plan your return to work.

If you decide not to return to work, you can get SMP and MA for 39 weeks even if you do not plan to go back to work or if your employment ends during the SMP/MA period, such as if you are made redundancy. You do not have to pay SMP or MA back if you decide not to return to work. If your employer has given you extra contractual maternity pay, you only have to repay it if that was agreed in advance or specifically stated in your maternity policy.

If you do not want to return to work and need to repay your occupational maternity pay, you can ask to repay any company maternity pay in reasonable instalments, taking account of your household income and outgoings. You may find it helpful to speak to a debt adviser who can help you negotiate with your employer and agree a reasonable repayment plan.

If you are unable to return to work after your maternity leave, you can take sick leave as usual. However, once you are well enough to return to work, you cannot stay off work after your maternity leave has ended, as you will lose your right to return to work if you do not go back at the end of your 52 weeks’ leave.

Ask your employer if you can take annual leave immediately after your maternity leave, which is entitled to at least 28 days paid annual leave. Your normal holiday entitlement continues to accrue during maternity leave, so you may have some holiday owing to you. Annual leave should be agreed with your employer in the normal way and you should not be treated less favorably because you have been away on annual leave.

If you returned to work early and have not used up all your maternity leave/pay but now wish to take some more leave, you could give notice to take shared parental leave. Shared parental leave can be taken by either parent but must be taken within the first year after your baby’s birth. You may be eligible for Universal Credit if you take a period of unpaid leave, depending on your household income, housing costs, and number of dependants.

You are also entitled to urgent unpaid leave to care for a dependant in an emergency. The leave can be used if a dependant falls ill, gives birth, is injured, or there is a sudden problem with arrangements for the dependant (e. g., if your childminder falls ill). You are only entitled to take the time off necessary to deal with the emergency and to make arrangements for the care of the dependant.

If you have been on maternity leave and sick leave for a long time, you may have accrued a large amount of leave. You can take annual leave during sick leave, so you could ask to receive some paid holiday during your sick leave. You are entitled to carry forward 20 days annual leave if you cannot take it because of sick leave.

You cannot take annual leave during maternity leave, but you can end your maternity leave early, giving at least 8 weeks’ notice to end your maternity leave early and agreeing your annual leave with your employer in the usual way. It is a good idea to talk to your employer early in your pregnancy to agree when you will be taking your annual leave so that you can both plan in advance.

The government advises that employers should allow up to 28 days of statutory leave for employees who cannot take all their annual leave in the leave year due to absence on maternity leave, shared parental leave, or other types of parental leave. If your employer offers more than the statutory minimum of 28 days annual leave, it is up to your employer how much of your contractual annual leave (over and above the statutory 28 days) you can carry forward.

If you are not well enough to return to work at the end of maternity leave, you are entitled to receive sick pay if you are not well enough to return to work. You should follow your employer’s normal sickness reporting procedures at the end of maternity leave. Statutory Sick Pay (SSP) is paid after four consecutive days of sickness absence to employees who have earnings of at least £123 per week (April 2024 – April 2025) in the previous 8 weeks.

You are not entitled to SSP for any period of sickness that began during the 39 week SMP period (or 18 weeks if you were not entitled to SMP). If your period of sickness begins after the end of the 39 or 18 week SMP period, you may qualify for SSP if your earnings were high enough. If you claim SSP after the end of your 39 week Statutory Maternity Pay period, SMP counts as earnings. Maternity Allowance does not count as earnings.

If you do not qualify for SSP, your employer should give you form SSP1. If you do not qualify for SSP, you should get advice from your local Jobcentre Plus or Citizens’ Advice Bureau.

Once your maternity leave has ended, you are treated as if you are “back at work”, even if you are not well enough to actually go into work. You are entitled to take sick leave and should be treated in the same way as any other employee who is off sick.

You are protected against pregnancy/maternity discrimination throughout pregnancy until the end of your maternity leave period (up to 52 weeks or until you return to work, if earlier). For pregnancy/maternity discrimination, you need to show that you were treated unfavorably because of your pregnancy, pregnancy-related illness, or absence on maternity leave. You can also claim pregnancy/maternity discrimination where a decision was taken during your protected period even where it was implemented after the end of your maternity leave.

Can you extend your maternity leave?

If you haven’t yet completed your full 52 weeks of maternity leave, you may be able to extend it to a year. However, you cannot extend maternity leave past 52 weeks. However, you can use your holiday time to spend more time at home with your child once maternity leave ends. If you have accrued holidays before maternity leave, you can use them before going on leave. Additionally, you will accrue holidays during your 52 weeks off, which can be used at the end of your leave. Despite staying home longer with your child, you will still be considered “back at work” legally and professionally during this period.

Can I resign while on maternity leave?

Maternity leave employees cannot give notice of termination during this period, as it allows them to recover from childbirth and care for their newborn. After the leave, normal rules for notice periods and termination apply. Both parties can initiate the termination process under usual employment laws and regulations. It is advisable for both parties to consult their employment contract, labor laws, and relevant policies or agreements to ensure the termination process is conducted in accordance with the law and provided terms.

Do you have to pay back maternity leave if you quit Australia?

Paid maternity leave terms are typically specified in your employment contract or enterprise agreement. If there is no specific clause about repaying maternity leave benefits upon resignation, it’s unlikely you’ll be required to do so. However, it’s crucial to review relevant documents like your employment contract, company policies, or enterprise agreements for specific terms. If unclear, consulting an employment lawyer or HR department may be necessary. It’s essential to seek specific legal advice for your specific situation.

Why is returning from maternity leave so hard?

As you return to work after maternity leave, you may experience a range of emotions, including sadness, anxiety, guilt, relief, and a sense of relief. However, securing care for your child may complicate matters, and settling into a new routine can take time. You may be breastfeeding your child and need to establish new feeding routines, such as expressing milk and getting your infant used to a bottle. You may also need to review your previous work wardrobe, as you likely last wore some of these clothes up to two years ago.

If you need assistance or feel overwhelmed, speaking to your doctor about your return from maternity leave is an important first step. If you are considering changes to your working arrangements, discuss them with your employer as soon as possible. Setting timeframes for reviewing these arrangements can encourage employers to be more open. Remember that both you and your employer are trying to achieve a sustainable, successful return to work, where you can integrate your professional and personal responsibilities to the best of your ability.