Paying back additional mat benefits if no return to work

[ninah]

I'm currently on AML and seriously considering not going back to work. My contract says that unless I return for 3 months after AML I 'may' have to repay the additional benefits I've had, and on checking with personnel this amounts to about £4,500 - which naturally they are keen on recovering in full. I left my partner six weeks ago and am staying at my father's house about 3 hours away from work - in order to go back to work I'd have to rent somewhere near my ex for 3 months, sort out childcare etc - it might be financially the best thing to do but I just don't think I've got it in me. I don't want to relocate back near my ex (and therefore work) permanently. However, having to pay back all this money will knock quite a hole in my plans to start again here - can anyone suggest a good way of trying to negotiate with my employers? I was in the job for about two years, during which time I lost both my parents, suffered 100 kinds of shit in my relationship and I'm currently at the end of my tether. I've been prescribed Citalopram - haven't taken it yet as on the literature it says it may make you feel worse first - hah! At present I feel sure I could be signed off work on health grounds, but I do hope by January when I'd be supposed to go back this isn't the case ...
Even if there was a way of paying it back in small instalments it would be a help - or should I just knuckle down and go back to my desk? any thoughts welcome. I don't get on here v often so please understand if I'm slow to respond, I really would like some advice!

[EmilyLou]

Hi Ninah,
I worked in HR and often dealt with situations like yours. Do you have any untaken annual leave which you could use up instead of physically returning to work? If not, have you tried writing to your employer, explaining the full situation and telling them that you would suffer undue financial hardship if they asked you to repay the money. Try appealing to their better nature, be honest and tell them how difficult it would be for you to find suitable childcare to return to work. Find out how they intend to recover this money from you if you do not return and they decide they need it back. Ask THEM for a solution, do they have a creche you can leave your child in while you work out your notice? Would you really be of any benefit to the workplace if you did return for 4 weeks considering your mind would not be on the job in hand and they might even need to retrain you?

[ninah]

Great thanks Emmylou! I never thought of that. I've spoken a bit with one personnel woman but she is pretty hard nosed about it all. I think the Department I worked for and who actually know me might be more humane, so if I addressed it to the HoD he could take them on for me perhaps. I need to let them know my plans soon, anyway, and I feel rubbish at not having kept in touch but since dad died it's all been weird.
The personnel woman did suggest I coudl take mmoney equating to my annual leave off the total amount owed but she couldn't tell me how much the final sum would be. In fact I saw her soon after dad died in her office and asked her to email me the figures, it took another call from me in September before she gave me anything.
Yes they do have a nursery which my son attended until I moved up here. It might be hard to get a place for him and dd now, it certainly would be if they knew it was only for 3 months. Back then nursery fees took up most of my earnings as ex's salary took us over the limit for tax credits, but he would not help with childcare costs.I guess now I'd get help. In teh long term I do want to return to work but when I'm settled and the children ahve a stable home
Thanks so much for answering, and writing to them is a brilliant idea! why didn't I think of that!

[EmilyLou]

Hi again Ninah, you said you think you might have Annual leave to take. Once you know how many days you have then all you need to do is calculate how many working days you have left from the 4 weeks you are being asked to work. For example, 4 weeks is 20 working days (if you work a 5 day week) so if you have this number of days to take then you merely go back on the payroll for 4 weeks and use up your A/L. This means you have worked out your notice and the company then have to pay YOU. Im sure your Personnel will talk you through it all now that you are in a better frame of mind to take it all in (you have been through a lot so could hardly be expected to understand or even care what they were trying to tell you before).All the best in your new life.

[ninah]

Just like to say thanks Emmylou I finally did write the letter and my boss has called - we still have not spoken in person as I've been away but the letter was the way to go. It was 3 months I was supposed to go back for - not 4 weeks - so yes I guess there will be something to pay back but I'm a lot less phased by it all. Will let you know the outcome. So appreciate your advice - I am not online a great deal nowadays but grateful nevertheless! best regards

[ninah]

they offered me another job starting next October! way to go
If I take it I may not have to pay any money back
thanks Emilylou