maternity do you legaly have 2 return 2 work if top up paid

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mama sugar Posts: 1387
ok getting lots of hassel in work and I have got to the stage that I want to work up until maternity and leave after that. Now I have been with the company nearly 7 years and I was told that they would pay a top up of maternity pay 50% so I am down 50%. Now I don't have a contract and more than likely I will not have to sign anything that I will have to return to work for a period of x amount of months after my maternity leave that the top up that they are paying will not have to be refunded. So leagally if I sign no contract would I have to pay back the top up??? My boss is acting like a bleep!!! and I can't see this situation getting any better...I can't find any thing on websites that say yes you have to return to work for a certain period of time if a top up is paid?? any advice has anyone done this?? x
bibikay Posts: 644
No, legally you don't "have" to return to work, however, it completely depends on what the MAternity Policy for teh organisation states. Even if you don't sign anything, I would deffo ask for a copy of the Mat Policy. If it makes no reference to paying back the salary top-up, then they cannot ask for it. However, if it clearly states that you do have to pay it back, then you will know what the situation is. HTH!
Desert-Moon Posts: 1174
Our company pays us on maternity leave. A few years ago, a girl went on Maternity Leave and never returned, and she defo didn't have to pay back any money - hope this helps :wv
HappyGirl Posts: 113
[color=indigo:39n7grmr]I second what bibikay said. It totally depends on your company's policy. That's the only thing that's relevant - every company has a different policy. If they don't have one at all then you're probably ok legally. However it might be worth clarifying it with them now so you avoid any awkward fights in the future. Up to you though. My company is young and small so I know they don't have a policy in place, but I'm actually going to ask them so I know all my options (they haven't said yet if they'll pay me a top-up at all, but if they offer to, I will clarify what happens if I don't come back... don't expect they'll pay a top-up though, so I don't think the situation will arise :) ). Hope this helps HG [/color:39n7grmr]
mama sugar Posts: 1387
thanks ladies for the replys, I was going to go back to work for a while after my maternity but at the moment I feel they are trying to push me out so I have given 6.5 years to this company and don't feel one bit guilty because of everything that has happened just wanted to know where I stood...I don't have a contract there is no company policy nothing so I don't think I will have to sign a contract! thanks x
Tedsters Posts: 1688
Hiya Mama Sugar - is the 50% on top of the social welfare that we get anyways? I cannot imagine them asking for the money back if you do decide to leave at the end of your maternity leave. But hang in there for the moment and bide your time. Things change when babs arrive and I'm sure you are not the first person to think of doing this. You could also take unpaid leave at the end of maternity leave to give you more time to think about your next move *) HTH, Ted.
Moet for me Posts: 1841
I think without a contract then you only have to consider whether morally you should go back but after 6.5 years and the way they are treating you I wouldn't consider it if it didn't suit you